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IN THE MATTER OF ABEIDO v. ABEIDO

54 A.D.3d 330 (2008)

863 N.Y.S.2d 64

In the Matter of LORRAINE ABEIDO, Respondent, v. MOHSEN ABEIDO, Appellant.

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

August 5, 2008.

An oral stipulation entered into by the parties in "open court" is binding (CPLR 2104; see Sontag v Sontag, 114 A.D.2d 892 [1985]). "Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident, will a party be relieved from the consequences of a stipulation made during litigation" (Sontag v Sontag, 114 AD2d at 893). Here, the mother and father agreed to the order of custody...

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