ATLAS v. SMILY

2829, 301091/06.

146 A.D.3d 623 (2017)

2017 NY Slip Op 00422

44 N.Y.S.3d 754

LOUIS M. ATLAS, Respondent, v. FRANCES SMILY, Appellant.

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

Decided January 19, 2017.


The motion court properly denied defendant's motion to set aside the open-court stipulation of settlement, as there was no showing of fraud, overreaching, mistake, or duress (see Hallock v State of New York, 64 N.Y.2d 224, 230 [1984]; Matter of Strang v Rathbone, 108 A.D.3d 565, 565-566 [2d Dept 2013]). The parties were represented by able and experienced counsel, and had negotiated the...

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