In re the Intermediate Accounting of Galasso

Appellate Division of the Supreme Court of New York

In re the Intermediate Accounting of Galasso

42 A.D.2d 556, 346 N.Y.S.2d 508, 1973 N.Y. App. Div. LEXIS 4009

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1973

StatusPublished

This text of 42 A.D.2d 556 (In re the Intermediate Accounting of Galasso) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Intermediate Accounting of Galasso, 42 A.D.2d 556, 346 N.Y.S.2d 508, 1973 N.Y. App. Div. LEXIS 4009 (N.Y. Ct. App. 1973).

Pincite

Opinion

Decree, Surrogate’s Court, Bronx County, entered December 11, 1972, dismissing objections relating to completion of construction under a partnership agreement, unanimously affirmed, with $60 costs and disbursements payable out of the estate for all parties appearing and submitting briefs. Order, Surrogate’s Court, [557]*557Bronx County, entered May 9, 1972, denying specific performance of a stipulation of settlement of all objections, unanimously modified, on the law and the facts and in the exercise of discretion to the extent of directing enforcement of the stipulation, and otherwise affirmed, with $60 costs and disbursements payable out of the estate to all parties appearing and submitting briefs. The stipulation agreed upon was placed on the record in open court and was clear and complete (cf. Matter of Bolgin Eldert Corp., 31 N Y 2d 1). Stipulations ■ of settlement are favored by the courts and will not be set aside in the absence of fraud or overreaching (cf. Matter of Heaht, 24 A D 2d 1001). Settle order on notice. Concur — Stevens, P. J., Markewich, Nunez, Lane and Tilzer, JJ.

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Decree, Surrogate’s Court, Bronx County, entered December 11, 1972, dismissing objections relating to completion of construction under a partnership agreement, unanimously affirmed, with $60 costs and disbursements payable out of the estate for all parties appearing and submitting briefs. Order, Surrogate’s Court, [557]*557Bronx County, entered May 9, 1972, denying specific performance of a stipulation of settlement of all objections, unanimously modified, on the law and the facts and in the exercise of discretion to the extent of directing enforcement of the stipulation, and otherwise affirmed, with $60 costs and disbursements payable out of the estate to all parties appearing and submitting briefs. The stipulation agreed upon was placed on the record in open court and was clear and complete (cf. Matter of Bolgin Eldert Corp., 31 N Y 2d 1). Stipulations ■ of settlement are favored by the courts and will not be set aside in the absence of fraud or overreaching (cf. Matter of Heaht, 24 A D 2d 1001). Settle order on notice. Concur — Stevens, P. J., Markewich, Nunez, Lane and Tilzer, JJ.

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Bluebook (online)

42 A.D.2d 556, 346 N.Y.S.2d 508, 1973 N.Y. App. Div. LEXIS 4009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-intermediate-accounting-of-galasso-nyappdiv-1973.