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KOLODIN v. VALENTI

11230

115 A.D.3d 197 (2014)

979 N.Y.S.2d 587

2014 NY Slip Op 745

HILARY KOLODIN, Also Known as HILARY KOLE, Respondent, v. JOHN R. VALENTI et al., Appellants, et al., Defendant.

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

Decided February 6, 2014.

Attorney(s) appearing for the Case

Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, New York City ( Andrea Bierstein , Paul J. Hanly, Jr. and Jayne Conroy of counsel), for appellants.

Lewis and Garbuz, P.C., New York City ( Lawrence I. Garbuz , Adina Lewis and Michael Andrews of counsel), for respondent.

ANDRIAS, MOSKOWITZ, RICHTER and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.P.

This case, apparently one of first impression, aptly illustrates the well-known axiom that cautions against mixing business with pleasure. The question presented is whether a so-ordered stipulation, agreed upon by plaintiff and defendant Valenti in Family Court and which precludes all contact between them except by counsel, renders impossible the performance of two prior contracts...

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