SMITH v. SMITH

507829.

75 A.D.3d 784 (2010)

904 N.Y.S.2d 815

EILEEN SMITH, Respondent, v. WILLIAM SMITH, Appellant.

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

Decided July 8, 2010.


Malone Jr., J.

During the course of their divorce action, the parties entered into an oral stipulation in open court that provided for, among other things, the distribution of marital assets, including several retirement and bank accounts. That stipulation was later incorporated, but not merged, into a judgment of divorce. Several months thereafter, the parties executed an agreement whereby they agreed to, among other things, release each other from all claims related...

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