DOUGLAS v. DOUGLAS


262 A.D.2d 29 (1999)

690 N.Y.S.2d 588

AMRITA DOUGLAS, Appellant, v. RICHARD DOUGLAS et al., Respondents.

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

Decided June 3, 1999.


This action, by which plaintiff seeks to rescind a stipulation of settlement entered into by the parties in the context of an underlying matrimonial action and which stipulation was subsequently incorporated, but not merged, into a December 11, 1997 divorce judgment, is premature. The asserted ground for vacatur is a provision in the agreement rendering it null and void in the event that the plaintiff wife is unable to repurchase the parties' cooperative apartment from Citibank...

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