STORETTE v. STORETTE (2004)

Supreme Court, Appellate Division, First Department, New York.

Monique B. STORETTE, Plaintiff-Appellant, v. Ronald F. STORETTE, Defendant-Respondent.

Decided: October 21, 2004

TOM, J.P., SULLIVAN, WILLIAMS, LERNER, SWEENY, JJ.

Monique B. Storette, Mount Vernon, appellant pro se. Franklin S. Bonem, New York, for respondent.

Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), entered August 22, 2003, dissolving the parties' marriage and incorporating the parties' settlement agreement, unanimously affirmed, with costs.

Plaintiff's open-court stipulation contained all of the material terms of an enforceable agreement, any unstated amounts being objectively ascertainable, and was properly enforced absent a showing of fraud, duress or mistake sufficient to invalidate a contract (see Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178 [1984] ). It does not avail plaintiff that she refused to sign the subsequent writing embodying the terms of the oral stipulation (see Friedman v. Garey, 8 A.D.3d 129, 779 N.Y.S.2d 44 [2004] ). We have considered and rejected plaintiff's other arguments.

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