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GAINES v. GAINES

218 A.D.2d 683 (1995)

630 N.Y.S.2d 941

Elaine Gaines, Appellant, v. James J. Gaines, Respondent

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

August 14, 1995

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the former wife's motion to set aside the parties' stipulation of settlement. The wife, having accepted substantial benefits under the agreement, is deemed to have ratified the agreement and is precluded from attempting to set it aside (see, Beutel v Beutel, 55 N.Y.2d 957

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