SIMMONS v. SIMMONS


305 A.D.2d 661 (2003)

759 N.Y.S.2d 688

MARY SIMMONS, Respondent, v. KARL D. SIMMONS, Appellant.

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

Decided May 27, 2003.


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

A stipulation is an independent contract which is subject to the principles of contract law (see Dreiss v Dreiss, 258 A.D.2d 499 [1999]; McWade v McWade, 253 A.D.2d 798 [1998]). A court should construe a stipulation made in open court in accordance with the intent of the parties and the purpose...

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