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In the Matter of the Estate of ANNA E. IRACE, Also Known as ANNA ELIZABETH IRACE, Deceased. VINCENT J. IRACE, JR., Respondent; ANNE MARIE DeSIMONE, Also Known as ANNA DeSIMONE, Appellant.

Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and a stipulation made on the record in open court "will not be set aside on facts less than needed to avoid a contract, e.g., fraud, . . . [overreaching], mistake . . ., [duress], or some other ground of similar nature" ( Varveris v. Fisher, 229 AD2d 573, 574; see Hallock v. State of New York, 64 NY2d 224; Desantis v. Ariens Co., 17 AD3d 311; Nash v. Y T Distribs., 207 AD2d 779, 780). The record fails to support the appellant's contention that the stipulation of settlement was the product of duress, collusion, mistake, or fraud. Accordingly, the Surrogate's Court properly denied her motion, inter alia, to vacate it.

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IN THE MATTER OF THE ESTATE OF IRACE
(Aug 22, 2005)