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STIPULATION WHICH WAS NOT MERGED INTO THE JUDGMENT OF DIVORCE SHOULD NOT HAVE BEEN DISMISSED AS UNENFORCEABLE (FOURTH DEPT).

The Fourth Department determined a stipulation which was not merged into the judgment of divorce should not have been dismissed as unenforceable:

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It is well settled that a party to a stipulation that is incorporated but not merged into a judgment of divorce “cannot challenge the [enforceability of the] stipulation by way of motion but, rather, must do so by commencement of a plenary action” … . Conversely, a party seeking to enforce the terms of such a stipulation may do so either by a motion to enforce the judgment … . In this case, the issue whether the stipulation was enforceable was not properly before the court because defendant did not commence a plenary action challenging its enforceability. Rather, plaintiff moved to enforce the judgment incorporating the stipulation, and defendant effectively conceded that the stipulation was enforceable when she asserted that the only questions before the court were the valuation of her master’s degree and the extent of plaintiff’s marital interest therein. Thus, we conclude that the court erred in denying plaintiff’s motion on the ground that the stipulation was unenforceable … . Anderson v Anderson, 2017 NY Slip Op 06786, Fourth Dept 9-29-17

FAMILY LAW (DIVORCE, STIPULATION WHICH WAS NOT MERGED INTO THE JUDGMENT OF DIVORCE SHOULD NOT HAVE BEEN DISMISSED AS UNENFORCEABLE (FOURTH DEPT))/STIPULATIONS (DIVORCE, STIPULATION WHICH WAS NOT MERGED INTO THE JUDGMENT OF DIVORCE SHOULD NOT HAVE BEEN DISMISSED AS UNENFORCEABLE (FOURTH DEPT))/DIVORCE (STIPULATION WHICH WAS NOT MERGED INTO THE JUDGMENT OF DIVORCE SHOULD NOT HAVE BEEN DISMISSED AS UNENFORCEABLE (FOURTH DEPT))

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NONPARTY SUBPOENA SHOULD NOT HAVE BEEN QUASHED IN THIS OUT-OF-STATE ASBESTOS-RELATED INSURANCE ACTION, THE NONPARTY HAD BEEN EMPLOYED BY THE INSURER AND MAY POSSESS RELEVANT KNOWLEDGE ABOUT HOW THE INSURANCE POLICIES WERE INTERPRETED AND ENFORCED (FOURTH DEPT).
APPLICATION TO FILE LATE NOTICE OF CLAIM SHOULD NOT HAVE BEEN GRANTED. NO SHOWING OF DEFENDANT’S TIMELY AWARENESS OF THE INJURIES.
THE ORAL STIPULATION OF SETTLEMENT IN THIS DIVORCE ACTION IS INVALID AND UNENFORCEABLE (FOURTH DEPT).
AN OFFICER’S OBSERVATION OF DEFENDANT’S CAR FOLLOWING ANOTHER CAR TOO CLOSELY (A TRAFFIC INFRACTION) PROVIDED PROBABLE CAUSE FOR A TRAFFIC STOP, EVEN IF THERE WERE OTHER MOTIVATIONS FOR THE STOP (FOURTH DEPT).
DOCUMENT ALLOWING ACCESS TO PLAINTIFF’S LAND OVER DEFENDANT’S LAND DID NOT INCLUDE ANY WORDS OF PERMANENCY, THE DOCUMENT CREATED A REVOCABLE LICENSE NOT AN EASEMENT (FOURTH DEPT).
PROSECUTORIAL MISCONDUCT WARRANTED A NEW TRIAL IN THE INTEREST OF JUSTICE WITHOUT ANY NEED TO EVALUATE THE EFFECT OF THE ERRORS ON THE CONVICTION.
PLAINTIFF SHOULD HAVE BEEN ALLOWED TO AMEND THE AD DAMNUM CLAUSE OF THE COMPLAINT.
INCLUSORY CONCURRENT COUNTS DISMISSED (FOURTH DEPT).

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