DREISS v. DREISS

Ordered that the cross appeal is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the defendant is awarded one bill of costs.

A stipulation is an independent contract which is subject to the principles of contract law ( see, McWade v. McWade, 253 A.D.2d 798; De Gaust v. De Gaust, 237 A.D.2d 862). A court should not, under the guise of interpretation, make a new contract for the parties ( see, McWade v. McWade, supra; Sklerov v. Sklerov, 231 A.D.2d 622). On this record, there is no evidence to support the plaintiff's claim that the reference in the stipulation to "certain pension plans" or "net pension benefits" was intended to include the defendant's savings and investment account. Accordingly, the Supreme Court properly granted partial summary judgment in favor of the defendant.

Santucci, J. P., Joy, Altman and Krausman, JJ., concur.