December 10, 2012

Stipulations.

Practice point: Oral stipulations entered into in open court by counsel on behalf of their clients are binding, pursuant to CPLR 2104.

Student note: Stipulations of settlement are favored by the courts and not lightly cast aside . A party will be relieved from the consequences of a stipulation made during litigation only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident.

Case: Caroli v. Allstate Ins. Co., NY Slip Op 08086 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Easements by prescription.