PERITO v. PERITO


135 A.D.2d 623 (1987)

Anthony Perito, Appellant, v. Linda Perito, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1987


Ordered that the order is affirmed, with costs.

The parties entered into a stipulation in open court pursuant to which they agreed to have the value of the marital residence fixed by a court-appointed appraiser. Absent a showing that the stipulation was the product of overreaching, fraud or duress, there was no basis for setting aside the stipulation, and the parties are bound by the appraiser's evaluation of the property (see, Harrington v Harrington

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