Coccaro v. Coccaro

Appellate Division of the Supreme Court of New York

Coccaro v. Coccaro

283 A.D. 969, 130 N.Y.S.2d 609, 1954 N.Y. App. Div. LEXIS 5947

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1954

StatusPublished

Cited by5 cases

This text of 283 A.D. 969 (Coccaro v. Coccaro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coccaro v. Coccaro, 283 A.D. 969, 130 N.Y.S.2d 609, 1954 N.Y. App. Div. LEXIS 5947 (N.Y. Ct. App. 1954).

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Opinion

Defendant appeals from a judgment directing him to execute and deliver to plaintiff a bargain and sale deed to real property which he had conveyed to her as part of a separation agreement. Judgment unanimously affirmed, without costs. The conveyance of the real property in the separation agreement constituted an executed contract which was not undone, in the absence of intention so to do, by the termination of the separation agreement upon resumption of the conjugal relationship. (6 Williston on Contracts [rev. ed.], § 1742, p. 4932; 2 Sehouler on Marriage, Divorce, Separation and Domestic Relations [6th ed.], § 1312, p. 1561; Dudley V. Fifth Ave. Trust Co., 115 App. Div. 396, 398, affd, 188 N. Y. 565; Smith v. Terry, 38 App. Div. 394, affd. on opinion below 166 N. Y. 632; Hunt v. Johnson, 44 N. Y. 27.) Present — Adel, Acting P. J., Wenzel, Mac-Crate, Beldock and Murphy, JJ. [See post, p. 1078.]

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Defendant appeals from a judgment directing him to execute and deliver to plaintiff a bargain and sale deed to real property which he had conveyed to her as part of a separation agreement. Judgment unanimously affirmed, without costs. The conveyance of the real property in the separation agreement constituted an executed contract which was not undone, in the absence of intention so to do, by the termination of the separation agreement upon resumption of the conjugal relationship. (6 Williston on Contracts [rev. ed.], § 1742, p. 4932; 2 Sehouler on Marriage, Divorce, Separation and Domestic Relations [6th ed.], § 1312, p. 1561; Dudley V. Fifth Ave. Trust Co., 115 App. Div. 396, 398, affd, 188 N. Y. 565; Smith v. Terry, 38 App. Div. 394, affd. on opinion below 166 N. Y. 632; Hunt v. Johnson, 44 N. Y. 27.) Present — Adel, Acting P. J., Wenzel, Mac-Crate, Beldock and Murphy, JJ. [See post, p. 1078.]

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Bluebook (online)

283 A.D. 969, 130 N.Y.S.2d 609, 1954 N.Y. App. Div. LEXIS 5947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coccaro-v-coccaro-nyappdiv-1954.

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