Ferraiulo v. Ferraiulo

Full title: DONNA FERRAIULO, Appellant, v. PATRICK FERRAIULO, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1995

221 A.D.2d 412 (N.Y. App. Div. 1995)

634 N.Y.S.2d 388

Opinion

November 13, 1995

Appeal from the Supreme Court, Richmond County (Radin, J.H.O.).

Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and are not lightly set aside (see, Wilutis v Wilutis, 184 A.D.2d 639). Absent a showing that a stipulation was the product of fraud, overreaching, mistake, or duress, it will not be disturbed (Wilutis v Wilutis, supra; Bossom v Bossom, 141 A.D.2d 794). The appellant has failed to make the requisite showing in this case. Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.