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Gadomski v. Gadomski

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1993
189 A.D.2d 800 (N.Y. App. Div. 1993)

Opinion

January 19, 1993

Appeal from the Supreme Court, Richmond County (Cusick, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

It is well settled that 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 the stipulation was the product of fraud, overreaching, mistake, or duress, it will not be disturbed (see, Schieck v. Schieck, 138 A.D.2d 691). We find that the Supreme Court, after a full evidentiary hearing, properly refused to disturb the stipulation of settlement between the parties.

Moreover, the Supreme Court did not improvidently exercise its discretion in awarding counsel fees to the wife (see, Domestic Relations Law § 238). Lawrence, J.P., Eiber, Miller and Pizzuto, JJ., concur.


Summaries of

Gadomski v. Gadomski

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1993
189 A.D.2d 800 (N.Y. App. Div. 1993)
Case details for

Gadomski v. Gadomski

Case Details

Full title:DOLORES GADOMSKI, Respondent, v. JOHN J. GADOMSKI, Appellant

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

Date published: Jan 19, 1993

Citations

189 A.D.2d 800 (N.Y. App. Div. 1993)

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