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Wilutis v. Wilutis

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1992
184 A.D.2d 639 (N.Y. App. Div. 1992)

Opinion

June 15, 1992

Appeal from the Supreme Court, Suffolk County (Segal, J.).


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

Stipulations of settlement are favored by the courts and are not lightly set aside (see, e.g., Matter of Galasso, 35 N.Y.2d 319; Yuda v. Yuda, 143 A.D.2d 657). Absent a showing that the stipulation was the product of fraud, overreaching, mistake, or duress, it will not be disturbed (see, Bossom v. Bossom, 141 A.D.2d 794; Schieck v. Schieck, 138 A.D.2d 691).

The defendant contends that the Supreme Court erred in denying his motion to vacate the stipulation of settlement on the grounds that the agreement was unfair, unconscionable, and the product of fraud and duress. We disagree. Although the stipulation may have been improvidently entered into, we cannot conclude that it was unfair or unconscionable (see, Hardenburgh v. Hardenburgh, 158 A.D.2d 585; Cantamessa v. Cantamessa, 170 A.D.2d 792; compare, Weinstock v. Weinstock, 167 A.D.2d 394; Yuda v. Yuda, supra). Moreover, the defendant's unsupported allegations of fraud and duress do not constitute a basis for vacating an agreement that is not manifestly unfair (see, Stoerchle v. Stoerchle, 101 A.D.2d 831; Chasin v. Chasin, 98 A.D.2d 788; Anderson v. Anderson, 90 A.D.2d 763).

We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, O'Brien and Santucci, JJ., concur.


Summaries of

Wilutis v. Wilutis

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1992
184 A.D.2d 639 (N.Y. App. Div. 1992)
Case details for

Wilutis v. Wilutis

Case Details

Full title:BARBARA A. WILUTIS, Respondent, v. STEVEN J. WILUTIS, Appellant

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

Date published: Jun 15, 1992

Citations

184 A.D.2d 639 (N.Y. App. Div. 1992)

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