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Gaines v. Gaines

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1995
218 A.D.2d 683 (N.Y. App. Div. 1995)

Opinion

August 14, 1995

Appeal from the Supreme Court, Queens County (Dunkin, J.).


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the former wife's motion to set aside the parties' stipulation of settlement. The wife, having accepted substantial benefits under the agreement, is deemed to have ratified the agreement and is precluded from attempting to set it aside (see, Beutel v. Beutel, 55 N.Y.2d 957; Akgul v. Akgul, 175 A.D.2d 194; Greenfield v. Greenfield, 147 A.D.2d 440; Cordero v. Cordero, 135 A.D.2d 483). Rosenblatt, J.P., Altman, Hart and Friedmann, JJ., concur.


Summaries of

Gaines v. Gaines

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1995
218 A.D.2d 683 (N.Y. App. Div. 1995)
Case details for

Gaines v. Gaines

Case Details

Full title:ELAINE GAINES, Appellant, v. JAMES J. GAINES, Respondent

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

Date published: Aug 14, 1995

Citations

218 A.D.2d 683 (N.Y. App. Div. 1995)
630 N.Y.S.2d 941

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