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.
