March 23, 2011

Settlements.

Practice point: A stipulation of settlement is a contract, enforceable according to its terms.

Students should note that, when a court enforces the stipulation, it must effectuate the parties' intent. As with any contract, where the terms are unambiguous, plain meaning controls.

The case is Alshawhati v. Zandani, NY Slip Op 01777 (2d Dept. 2011).


Tomorrow's issue is Family Law.