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CHAN v. BARRY

36 A.D.3d 579 (2007)

827 N.Y.S.2d 295

PETER S. CHAN et al., Respondents, v. JOHN BARRY et al., Appellants.

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

Decided January 9, 2007.

Ordered that the judgment, as amended by the supplemental judgment, is affirmed, with costs.

"[A]n open-court stipulation is an independent contract between the parties ... and will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability" (Jablonski v Jablonski, 275 A.D.2d 692, 693 [2000] [citation omitted]; see McWade v McWade, 253 A.D.2d 798<...

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