CANARELLI v. CANARELLI


58 A.D.3d 658 (2009)

872 N.Y.S.2d 464

PETER J. CANARELLI, Respondent, v. MARILYN CANARELLI, Appellant.

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

January 20, 2009.


Ordered that the appeal from the order entered August 29, 2007 is dismissed as academic as that order was vacated by an order dated September 26, 2008; and it is further,

Ordered that the order entered August 21, 2007, as amended, is affirmed, with one bill of costs.

While a stipulation of settlement may be set aside where there is evidence of fraud, overreaching, mistake, or duress (see Matter of Dillon v Dillon...

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