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Yuwei Zhang v. Ming Ting

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 2010
72 A.D.3d 678 (N.Y. App. Div. 2010)

Opinion

No. 2009-02794.

April 6, 2010.

In a matrimonial action, the defendant appeals from an order of the Supreme Court, Queens County (Cullen J.), entered December 30, 2008, which denied his motion, inter alia, to vacate the parties' stipulation of settlement dated May 15, 2008.

Xian Feng Zou, Flushing, N.Y., for appellant.

Yu-Xi Liu, New York, N.Y., for respondent.

Before: Fisher, J.P., Covello, Lott and Sgroi, JJ., concur.


Ordered that the order is affirmed, with costs.

On the same day that this matrimonial action was commenced, the parties executed a stipulation of settlement with respect to certain property. Subsequently, the defendant former husband moved, by order to show cause, inter alia, to vacate the stipulation of settlement on the ground that the stipulation was induced by fraud on the part of the plaintiff and her attorney. The Supreme Court denied the motion without a hearing. We affirm.

Stipulations of settlement are favored by the courts ( see Zafran v Zafran, 28 AD3d 752, 753), and will not be set aside in the absence of fraud, overreaching, mistake, or duress ( see Canarelli v Canarelli, 58 AD3d 658, 659; Shockome v Shockome, 53 AD3d 610; cf. Brennan v Brennun, 305 AD2d 524, 525). Here, the Supreme Court correctly found that none of the defendant's allegations was sufficient to warrant a hearing. The stipulation of settlement is not unfair on its face, and nothing the defendant submitted would warrant a conclusion that the stipulation was unconscionable. Further, the circumstances surrounding the execution of the stipulation of settlement, as alleged by the defendant, do not constitute grounds to vacate the stipulation ( see Skotnicki v Skotnicki, 237 AD2d 974, 975). Accordingly, the Supreme Court properly denied the defendant's motion, inter alia, to vacate the stipulation of settlement ( see Castellano v Castellano, 66 AD3d 942, 942-943).


Summaries of

Yuwei Zhang v. Ming Ting

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 2010
72 A.D.3d 678 (N.Y. App. Div. 2010)
Case details for

Yuwei Zhang v. Ming Ting

Case Details

Full title:YUWEI ZHANG, Respondent, v. MING TING, Appellant

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

Date published: Apr 6, 2010

Citations

72 A.D.3d 678 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2945
899 N.Y.S.2d 277

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