Wednesday, September 17, 2014

The enforceability of an on-the-record stipulation.

Practice point:  In this divorce action the Appellate Division affirmed the finding that the parties' on-the-record agreement was too incomplete and indefinite to be enforceable, and was merely a non-binding agreement to agree.  The parties disagreed as to whether the proposal included a waiver of maintenance, and they did not finalize the details of the transfer of a trust. Other material terms were never agreed to, and the agreement was subject to the consummation of future conditions and additional agreements.

Student note: To be enforceable, an open court stipulation must contain all of the material terms and
evince a clear mutual accord between the parties, pursuant to CPLR 2104;

Case:  Cohen v. Cohen, NY Slip Op 06157 (1st Dept. 2014)

Here is the decision.

Tomorrow's issue: A rear-end collision.