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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05517 |
| Area of law | Real Property |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05517 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 692 |
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.
Read how Law Watch works