Preliminary Conference is deemed a stipulation
Court ruling establishes that preliminary conference orders are binding stipulations, requiring fraud or duress to vacate under New York law.
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8 articles by Jason Tenenbaum, Esq.
Stipulation not strictly enforced
Court rules on debt collection case where borrower missed one payment after paying $45,000, examining whether strict enforcement of settlement stipulation was appropriate.
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Interest when liability is stipulated
Court ruling clarifies that stipulating to liability doesn't trigger prejudgment interest accrual, potentially costing plaintiffs significant money in lengthy cases.
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Substantial compliance satisfied stipulation
Court finds substantial compliance with settlement stipulation sufficient grounds to vacate judgment, demonstrating rare but important exception to strict enforcement rules.
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Inability to pay will not allow vacatur of stipulation
NY court rules financial hardship alone cannot void settlement stipulations, emphasizing courts' preference for enforcing agreements once parties consent.
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Stipulation does not serve as collateral estoppel
Court ruling clarifies that stipulations don't create collateral estoppel in NY no-fault insurance cases, plus guidance on SIU file discovery and licensing compliance.
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Mark it up, fax it back and see what happens
Court ruling shows how handwritten changes to no-fault stipulations can become binding through acquiescent conduct, even when plaintiff later tries to enforce original terms.
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Read the stipulation….
Learn about summary jury trials and legal stipulations in NY personal injury cases. Experienced Long Island attorneys explain the Grochowski v Fudella decision. Call 516-750-0595.
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