Stein v. Stein

Decision Date01 July 2015
Docket Number2014-02529
Citation12 N.Y.S.3d 284,2015 N.Y. Slip Op. 05661,130 A.D.3d 604
PartiesAndrew STEIN, respondent, v. Emily STEIN, appellant.
CourtNew York Supreme Court — Appellate Division

Miller Zeiderman & Wiederkehr, LLP, White Plains, N.Y. (Evan Wiederkehr of counsel), for appellant.

Aronson Mayefsky & Sloan, LLP, New York, N.Y. (Michael A. Mosberg and Allan E. Mayefsky of counsel), for respondent.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, and JOSEPH J. MALTESE, JJ.

Opinion

Appeal from an order of the Supreme Court, Westchester County (Colleen D. Duffy, J.), entered January 3, 2014. The order, inter alia, granted the plaintiff's motion to enforce a stipulation of settlement to the extent of directing the defendant to execute a listing agreement with a real estate broker for the sale of the former marital residence.

ORDERED that the order is affirmed, with costs.

The parties entered into a stipulation of settlement (hereinafter the stipulation), which provided that the parties would sell the former marital residence using a mutually agreed upon broker. Thereafter, the plaintiff moved to enforce the stipulation on the ground that the defendant failed to cooperate in selling the property. In opposition to the motion, the defendant contended that the parties disagreed on the procedure to sell the house and that this disagreement was subject to arbitration under the stipulation. In the order appealed from, the Supreme Court granted the plaintiff's motion to the extent of directing the defendant to execute a listing agreement with a real estate broker who agreed to waive a commission if the marital residence was sold to either party, allowed the defendant to hire an appraiser, and awarded the defendant a right of first refusal to purchase the marital residence at an amount in excess of a bona fide offer or an appraisal value. The defendant appeals.

“Stipulations of settlement are favored by the courts and not lightly cast aside.... Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a party be relieved from the consequences of a stipulation made during litigation” (Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178 [citations omitted]; see Caroli v. Allstate Ins. Co., 100 A.D.3d 941, 943, 955 N.Y.S.2d 128 ). A stipulation of settlement is a contract, enforceable according to its terms. When a court enforces a stipulation of settlement, it must...

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18 cases
  • Tuchman v. Tuchman
    • United States
    • New York Supreme Court — Appellate Division
    • January 26, 2022
    ...to the June 2017 stipulation. "A stipulation of settlement is a contract, enforceable according to its terms" ( Stein v. Stein, 130 A.D.3d 604, 605, 12 N.Y.S.3d 284 ; see Klein v. Klein, 134 A.D.3d 1066, 1068, 22 N.Y.S.3d 547 ). Here, the June 2017 stipulation provided that the defendant wa......
  • Palaia v. Palaia
    • United States
    • New York Supreme Court — Appellate Division
    • February 14, 2018
    ...cross motion. The plaintiff appeals."A stipulation of settlement is a contract, enforceable according to its terms" ( Stein v. Stein, 130 A.D.3d 604, 605, 12 N.Y.S.3d 284 ; see Klein v. Klein, 134 A.D.3d 1066, 1068, 22 N.Y.S.3d 547 ). Where a stipulation of settlement is susceptible of diff......
  • Giuffre Motor Car Co. v. Kia Motors Am., Inc.
    • United States
    • U.S. District Court — Eastern District of New York
    • September 29, 2016
    ...plain meaning of the words used by the parties." Klein v. Klein, 22 N.Y.S.3d 547, 549 (N.Y. App. Div. 2015) (quoting Stein v. Stein, 12 N.Y.S.3d 284, 286 (App. Div. 2015)); Long Island Junior Soccer League v. Back of Net, Ltd., 925 N.Y.S.2d 555, 556 (App. Div. 2011) (same (quoting Alshawhat......
  • Lopez v. Muttana
    • United States
    • New York Supreme Court — Appellate Division
    • November 16, 2016
    ...not be cast aside lightly (see Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178 ; Stein v. Stein, 130 A.D.3d 604, 605, 12 N.Y.S.3d 284 ). In order to be relieved of the consequences of a stipulation, a party must establish grounds to invalidate a contract,......
  • Request a trial to view additional results

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