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MATTER OF ESTATE OF STEGER

2010-01127.

81 A.D.3d 737 (2011)

916 N.Y.S.2d 513

In the Matter of Estate of SALLY C. STEGER, Deceased. MARK J. STEGER, Appellant; KENNETH STEGER et al., Respondents.

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

Decided February 8, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs to John C. Steger, payable by the appellant personally.

In order to vacate the stipulation of settlement on the ground of mutual mistake, the appellant was required to demonstrate, by clear and convincing evidence (see Moshe v Town of Ramapo, 54 A.D.3d 1030, 1031 [2008]), that a mutual mistake existed at the time the stipulation was entered into...

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