Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

A.D. v. C.R.

Elements of Materiality, Reasonable Reliance Lacking; Stipulation Declared Enforceable

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following papers were considered on Plaintiff’s Motion and Defendant’s Cross-Motion:Plaintiff’s Notice of Motion, Affirmation of Elizabeth A. Douglas, Esq., and Affidavit of A. D. in Support of Motion with Exhibits:  1-240Defendant’s Notice of Cross-Motion, Affidavit of C. R., Affirmation of Maureen A. Dunn, Esq., in Opposition to Motion and in Support of Cross-Motion, with Exhibits, and Memorandum of Law:   241-431Affidavit of Plaintiff A. D. and Affirmation of Elizabeth Douglas, Esq. in Opposition to Cross-Motion and in further Support of Motion, with Exhibits:         432-512Reply Affidavit of C. R. and Reply Affirmation of Maureen A. Dunn, with Exhibits:           513-527Transcript of Oral Argument on Motion and Cross-Motion, dated February 22, 2018:        528-575DECISION AND ORDER In this matrimonial action, plaintiff A. D. (“Plaintiff” or “Wife”) has moved by notice of motion “for an Order setting aside the parties’ Stipulation of Settlement dated August 22, 2013 based on fraud” and to then grant “the Plaintiff pendente lite relief of maintenance and counsel fees.” Defendant C. R. (“Defendant” or “Husband”) opposes Plaintiff’s motion, and has interposed a cross-motion to declare “the parties’ Stipulation of Settlement dated August 22, 2013 to be valid and enforceable,” which Plaintiff opposes. Each party also seeks an award of attorneys’ fees. After the motion papers were fully submitted, counsel orally argued the parties’ respective positions on February 22, 2018.Factual BackgroundThe parties were married on February 14, 1997 in Ossining, New York and have two children, ages 18 and 16. This action for divorce was commenced in May 2017. The fulcrum of the instant motion and cross motion is a post-nuptial Stipulation of Settlement entered into on August 22, 2013 (the “Stipulation” or the “Agreement”). The parties separated at or around the same time, and have remained separated. (Pl. Moving Affid.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Deputy District Attorney III

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements