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LUISI v. LUISI

244 A.D.2d 464 (1997)

664 N.Y.S.2d 346

Joan Luisi, Respondent, v. Thomas Luisi, Appellant

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

November 17, 1997

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is granted.

CPLR 2104 states that to be enforceable, a stipulation, unless reduced to the form of an order and entered, must be in writing and signed by a party or his attorney. In the alternative, an oral stipulation will be binding if it is spread upon the record in open court (see, Margolis v New York City Tr. Auth., 233 A.D.2d 483

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