A stipulation of settlement that is incorporated, but not merged, into a judgment of divorce is a contract subject to the ordinary principles of contract construction and interpretation. Such a contract is interpreted in accordance with the intent of the parties. The best evidence of their intent is expressed in their written agreement. Clear, unambiguous contractual terms must be enforced according to their plain meaning, and the court may not by construction add or excise terms to create a new contract for the parties under the guise of interpreting the writing.
Sebrell v. Svet, NY Slip Op 04115 (1st Dep't August 1, 2024)
