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Estate of Brody

Objectant Denied Vacatur of Settlement, Sanctions; Agreement Clear, Unambiguous

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*1  In this proceeding, objectant, Merryl Katz (“Katz”) moves, inter alia, to vacate a stipulation of settlement entered into between the parties on November 28, 2017 resolving certain issues in this contested accounting proceeding, and to impose sanctions and surcharges against Paul Brody (“Brody”), the executor of the estate, and his attorneys, for “frivolous conduct and statements” and for “compelling” the making of this motion. Brody opposes the motion, contending that there is no basis in law or fact to vacate the stipulation, and, if anything, sanctions and costs should be imposed against Katz for advancing a frivolous position and unnecessarily burdening the estate with additional legal fees in the process. Objectants, Diane K. Lichter (“Lichter”) and Sheila Langermann (“Langermann”), make a similar argument by way of cross-motion, and seek reimbursement of the sum of $14,670.00 from the movant for the time spent opposing this motion.Katz’s moving papers, which include her attorney’s affirmation and are devoid of any supporting legal authority, allege that the written stipulation of settlement must be vacated because there was “no meeting of the minds between the parties at the time of its execution” with respect to paragraph 4 of the agreement. The agreement, prepared and

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