Practice point: As with any contract, the stipulation will be enforced so long as it is sufficiently definite in its material terms so as to enable a court to determine exactly what the parties have agreed to.
Student note: Open-court stipulations are judicially favored, and will not be set
aside absent fraud, overreaching, mistake, duress, or unconscionability.
Case: Clement v. Millbrook Cent. Sch. Dist., NY Slip Op 05806 (2d Dep't July 26, 2017)
Here is the decision.
Tomorrow's issue: A co-owner's mortgage of a property.
