HARGETT v. HARGETT


256 A.D.2d 50 (1998)

680 N.Y.S.2d 526

LILLIAN HARGETT, Respondent, v. JAMES HARGETT, Appellant.

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

Decided December 3, 1998.


The parties obtained a judgment of divorce in the State of Georgia in 1991. Thereafter, plaintiff, having reserved the right to do so, commenced the present action for equitable distribution of the marital property. Although the parties purported to settle the action by entering, in open court, into an oral stipulation of settlement, which stipulation was then so-ordered, defendant has moved to set aside the stipulation on the ground that it was not "in writing, subscribed...

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