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Kourakos v. Kourakos

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 342 (N.Y. App. Div. 1997)

Opinion

December 8, 1997

Appeal from the Supreme Court, Westchester County (Barone, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Stipulations of settlement are favored by the courts and will not be set aside in the absence of fraud, overreaching, mistake, or duress ( Enright v. Vasile, 205 A.D.2d 732, 733; Gadomski v. Gadomski, 189 A.D.2d 800; Wilutis v. Wilutis, 184 A.D.2d 639, 640). Because the defendant failed to demonstrate any basis for vacating the parties' stipulation of settlement, the Supreme Court properly denied that branch of her motion. Significantly, the record demonstrates that, at the time the stipulation was made, the defendant was represented by counsel, she voluntarily and knowingly entered into the stipulation in open court, and she indicated that she was satisfied with the agreement and that her judgment was not impaired that day ( see, Anthony v. Anthony, 199 A.D.2d 353; Ruxton v. Ruxton, 181 A.D.2d 876).

The defendant's remaining contentions are without merit.

Bracken, J. P., O'Brien, Thompson and Altman, JJ., concur.


Summaries of

Kourakos v. Kourakos

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 342 (N.Y. App. Div. 1997)
Case details for

Kourakos v. Kourakos

Case Details

Full title:GEORGE KOURAKOS, Respondent, v. SANDRA KOURAKOS, Appellant

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

Date published: Dec 8, 1997

Citations

245 A.D.2d 342 (N.Y. App. Div. 1997)
666 N.Y.S.2d 26

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