DeGregorio v. Bender

In DeGregorio v. Bender (4 AD3d 384 [2d Dept 2004]), the plaintiff/wife contended that her former matrimonial counsel failed to appraise certain marital assets, including her former husband's pension. The motion court denied the attorney defendants' request for summary judgment, holding that "there are serious questions as to why certain marital assets were not considered or appraised and defendants do not address this issue" (DeGregorio v. Bender, 2002 WL 34465904 [Sup Ct, Westchester County 2002]). In reversing the motion court and dismissing the complaint, the Appellate Division, Second Department, held (at page 385): "In the stipulation, which was read into the record in open court, the parties explicitly acknowledged that they had been advised by their respective attorneys of their right to disclosure regarding the value of their property and business interests, that certain disclosure had been conducted, and that to the extent it had not been conducted, they waived their right to any further disclosure. In response to questions from the Supreme Court, the plaintiff further acknowledged that she participated in the negotiation of the agreement and understood its terms, that no one had forced her into the agreement, and that she wanted the court to approve the settlement. The plaintiff's claims in this action are belied by the terms of the stipulation and her approval of those terms in open court. Consequently, the Supreme Court should have granted the attorneys' motion [for summary judgment]."