Storette v. Storette

Oct 21, 2004
Versions:11 A.D.3d 365
784 N.Y.S.2d 34
2004 N.Y. App. Div. LEXIS 12362

Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), entered August 22, 2003, dissolving the parties’ marriage and incorporating the parties’ settlement agreement, unanimously affirmed, with costs.

Plaintiffs open-court stipulation contained all of the material terms of an enforceable agreement, any unstated amounts being objectively ascertainable, and was properly enforced absent a showing of fraud, duress or mistake sufficient to invalidate a contract (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). It does not avail plaintiff that she refused to sign the subsequent writing embodying the terms of the oral stipulation (see Friedman v Garey, 8 AD3d 129 [2004]). We have considered and rejected plaintiff’s other arguments. Concur—Tom, J.P., Sullivan, Williams, Lerner and Sweeny, JJ.