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Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05517

Estate of Gustavo Marcel Coba v Humberto Hernandez

Read the official decision: 2026 NY Slip Op 05517

Holding The Supreme Court properly denied the plaintiff’s motion to enforce a stipulation of settlement because the plaintiff’s own submissions raised issues of fact regarding the legal capacity of the plaintiff’s attorney to enter into the agreement on behalf of the estate. Consequently, the court affirmed the order denying the appointment of a referee to sell the property.

The court’s words

the plaintiff's own submissions raised issues of fact as to the legal capacity of the plaintiff's attorney to enter into a stipulation on behalf of the decedent's estate

2026 NY Slip Op 05517, at the official text

the Supreme Court properly denied the plaintiff's motion to enforce the terms of the stipulation and to appoint a referee to sell the property

2026 NY Slip Op 05517, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05517
Area of lawReal Property
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05517
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id692

Recommended citation

ESQ HQ, New York Law Watch, Estate of Gustavo Marcel Coba v Humberto Hernandez, 2026 NY Slip Op 05517 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05517/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 30, 2026. Updated September 30, 2026.