Covert v. Covert
| Decision Date | 06 November 1975 |
| Citation | 374 N.Y.S.2d 432,50 A.D.2d 622 |
| Parties | Mildred COVERT, Respondent, v. James C. COVERT, III, et al., Respondents, and Patricia Harris, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Littlefield & Bogdan, Albany (Edward A. Bogdan, Jr., Albany, of counsel), for appellant.
Lawrence Conners, Troy, for respondent Mildred Covert.
Martin Noonan, Hislop, Troue & Shudt, Troy (J. Paul Troue, Troy, of counsel), for respondents James C. Covert, III and John Covert.
Before HERLIHY, P.J., and GREENBLOTT, KANE, KOREMAN and MAIN, JJ.
Appeal from an order of the County Court of Rensselaer County, entered January 9, 1975, which directed the specific performance of a stipulation entered into by the litigants and their counsel in open court on October 15, 1974.
In 1940, Mildred Covert conveyed certain real property to herself and Patricia Harris, her daughter, as joint tenants with right of survivorship, in 1968, Mildred Covert conveyed the same property to her son James C. Covert, II. This action was then commenced by Mildred Covert against the heirs of James C. Covert, II to set aside the conveyance made to him as having been fraudulently induced. Patricia Harris intervened, asserting rights as a joint tenant in the property with Mildred Covert, and the defendants cross-claimed against her contending that she had no legal interest in the subject property.
On October 15, 1974, during the course of the trial, the litigants and their respective counsel entered into an agreement by stipulation which was placed on the record in open court. Among other items, the stipulation provided (1) that the action was settled and discontinued; (2) that the involved tenants in common of the real property would lease it to the Covert Manufacturing Company, Inc.; and (3) that Patricia Harris and James C. Covert, III, as directors of the said corporation, would cause the corporation to lease the same property back to Mildred Covert rent free for her lifetime and bear all reasonable maintenance expenses. On January 8, 1975, the parties again appeared before the court for execution of the order pursuant to the stipulation. At this proceeding, Patricia Harris sought to withdraw her consent to the agreement. The basis for this action was her assertion that under the terms of the stipulation she would be exposing herself to further litigation and potential personal liability. The court rejected her request, holding that it could only...
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Fox v. Wiener Laces, Inc.
...agreements. CPLR § 2104 renders them enforceable under certain conditions, and sanctions those made in open Court (see, Covert v. Covert, 50 A.D.2d 622, 374 N.Y.S.2d 432). Where there is no writing, and a dispute exists as to whether an agreement exists, enforcement will be withheld (Accari......
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...(as here) only after prolonged negotiation between all of the parties, each of whom had been represented by counsel." (Covert v. Covert, 50 A.D.2d 622, 374 N.Y.S.2d 432). This court should not lend its aid to a party who has obtained an advantage by invoking the jurisdiction of the court an......
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...in the Appellate Division decisions. Stipulations of discontinuance have generally been held immune from motion attack (Covert v. Covert, 50 A.D.2d 622, 374 N.Y.S.2d 432; Kraft v. John A. Vassilaros & Sons, 43 A.D.2d 972, 352 N.Y.S.2d 224; Whipple Bros. v. Andrew, 37 A.D.2d 677, 322 N.Y.S.2......
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