From Casetext: Smarter Legal Research

Linder v. Linder

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 2002
297 A.D.2d 710 (N.Y. App. Div. 2002)

Opinion

2001-02062

Submitted September 6, 2002.

September 24, 2002.

In a matrimonial action in which the parties were divorced by judgment dated January 26, 1998, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Shapiro, J.), entered February 7, 2001, as denied that branch of his motion which was to vacate the parties' stipulation of settlement dated December 11, 1997, and so much of the judgment of divorce as related to maintenance, child support, and equitable distribution.

S. Abrahams Associates, Esq., P.C., White Plains, N.Y., for appellant.

Ellenbogen Goldstein, P.C., New York, N.Y. (Joan L. Ellenbogen of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.


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

The Supreme Court properly denied that branch of the defendant's motion which was to vacate a stipulation of settlement dated December 11, 1997, and so much of the judgment of divorce as related to maintenance, child support, and equitable distribution.

A separation agreement or stipulation of settlement which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability (see Wilson v. Neppell, 253 A.D.2d 493). Additionally, a final judgment may not be vacated on the grounds of fraud or misconduct where the moving party had knowledge of the fraud or misconduct before the entry of the final judgment (see McGovern v. Getz, 193 A.D.2d 655). Here, the defendant did not establish fraud, duress, overreaching, or unconscionability. Moreover, the defendant was aware of the assets that he now claims were hidden prior to the trial and the date that the parties entered into the stipulation of settlement.

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.


Summaries of

Linder v. Linder

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 2002
297 A.D.2d 710 (N.Y. App. Div. 2002)
Case details for

Linder v. Linder

Case Details

Full title:LISA LINDER, respondent, v. RONALD M. LINDER, appellant

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

Date published: Sep 24, 2002

Citations

297 A.D.2d 710 (N.Y. App. Div. 2002)
747 N.Y.S.2d 396

Citing Cases

Karen E. v. Yoram E.

She also sought to direct the defendant to pay her the sum of $9,460 in accordance with a prior order of the…

Volfman v. Volfman

Ordered that the interlocutory judgment is affirmed, without costs or disbursements. "`A separation agreement…