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Sarai v. Sarai

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 295 (N.Y. App. Div. 1999)

Opinion

Submitted November 15, 1999

December 13, 1999

In a matrimonial action in which the parties were divorced by judgment dated July 13, 1993, the former husband appeals from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated October 6, 1998, as denied that branch of his motion which was to set aside the maintenance provisions of a stipulation of settlement entered into in open court on June 28, 1993.

Levine, Hofstetter Frangk, Poughkeepsie, N.Y. (Ronald R. Levine of counsel), for appellant.

Allan S. Botter, New Hyde Park, N.Y. (Paula Schwartz Frome of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, ANITA R. FLORIO, JJ.


DECISION ORDER

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

We agree with the Supreme Court that the appellant's allegations are insufficient to form a basis for vacatur of the stipulation of settlement in this action (see, Cavalli v. Cavalli, 226 A.D.2d 666 ;Sontag v. Sontag, 114 A.D.2d 892 ). The record supports the court's determination that the appellant voluntarily and knowingly entered into the stipulation with competent counsel at his side (see,Daniel v. Daniel, 224 A.D.2d 573 ; Ruxton v. Ruxton, 181 A.D.2d 876 ). Accordingly, that branch of his motion which was to vacate the stipulation was properly denied.

O'BRIEN, J.P., RITTER, SANTUCCI, and FLORIO, JJ., concur.


Summaries of

Sarai v. Sarai

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 295 (N.Y. App. Div. 1999)
Case details for

Sarai v. Sarai

Case Details

Full title:DIDAR SINGH SARAI, appellant, v. MANJIT KAUR SARAI, respondent

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

Date published: Dec 13, 1999

Citations

267 A.D.2d 295 (N.Y. App. Div. 1999)
699 N.Y.S.2d 881

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