Stipulation of Settlement Breached

[Hazel40]

What is the name of your state? NY

If a Judge has jurisdiction over a settlement agreement and one of the parties breaches the agreement, can I the plaintiff in the case now ask the Judge to change the terms of the settlement since she breached it or can only the Judge decide what to do next. If she breaches the agreement can I then say I don't agree with the settlement anymore and want to go to trial. Can I do that?

 

[seniorjudge]

What is the name of your state? NY

If a Judge has jurisdiction over a settlement agreement and one of the parties breaches the agreement, can I the plaintiff in the case now ask the Judge to change the terms of the settlement since she breached it or can only the Judge decide what to do next. If she breaches the agreement can I then say I don't agree with the settlement anymore and want to go to trial. Can I do that?

https://forum.freeadvice.com/showthread.php?t=296174

Is this about the easement you were discussing last year?

 

[Hazel40]

Yes it is. It's rediculous that's it's gone on this long. I guess I chose the wrong attorneys and the Judge on the case is all about settlements. It's my fault I wasn't there my husband was and the Attorney and the Judge got him to agree on extinguishing the easements and paying her $1,000.00 to remove the fence. My attorney was saying that we have easements on the other side of the property so it's not so bad giving up these. My goal was to have her remove the fence. But I didn't want to pay her to do it. I posted another message on what happened under neighbors and boundaries, which goes into a little more detail about what happened at the settlement.

SeniorJudge if she breaches the settlement can I ask the Judge to change the settlement or am I stuck. My attorney said I can't change anything and that the Judge has jurisdiction to enforce the settlement we agreed on and not to change it.