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MATTER OF INFOSINO v. INFOSINO

204 A.D.2d 324 (1994)

611 N.Y.S.2d 598

In the Matter of Giovanna Infosino, Appellant, v. Alfred Infosino, Respondent

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

May 2, 1994

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

A stipulation entered into in open court, with the parties and counsel present, is a binding contract (see, Ruxton v Ruxton, 181 A.D.2d 876). Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a party be relieved from the consequences of a stipulation made during litigation (see...

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