Dallin v. Dallin

Appellate Division of the Supreme Court of New York

Dallin v. Dallin

225 A.D.2d 728, 640 N.Y.2d 196

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

DecidedMarch 25, 1996

StatusPublished

This text of 225 A.D.2d 728 (Dallin v. Dallin) 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

Dallin v. Dallin, 225 A.D.2d 728, 640 N.Y.2d 196 (N.Y. Ct. App. 1996).

Pincite

Opinion

The former wife sought counsel fees pursuant to the terms of the separation agreement which provides that the wife, in order to receive counsel fees, was required to send to the husband "written notice” of default. The separation agreement further stated that all notices were to be sent by registered or certified mail, return receipt requested. The former wife failed to adhere to this notice requirement.

We further note that sequestration of the former husband’s Keogh account was improper because no "qualified domestic relations order” had been entered (see, CPLR 5205 [c] [4]). Santucci, J. P., Altman, Krausman and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

The former wife sought counsel fees pursuant to the terms of the separation agreement which provides that the wife, in order to receive counsel fees, was required to send to the husband "written notice” of default. The separation agreement further stated that all notices were to be sent by registered or certified mail, return receipt requested. The former wife failed to adhere to this notice requirement.

We further note that sequestration of the former husband’s Keogh account was improper because no "qualified domestic relations order” had been entered (see, CPLR 5205 [c] [4]). Santucci, J. P., Altman, Krausman and Goldstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

225 A.D.2d 728, 640 N.Y.2d 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dallin-v-dallin-nyappdiv-1996.