Davis v. Lewis

Appellate Division of the Supreme Court of New York

Davis v. Lewis

11 A.D.2d 734, 204 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 8993

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

DecidedJune 27, 1960

StatusPublished

This text of 11 A.D.2d 734 (Davis v. Lewis) 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

Davis v. Lewis, 11 A.D.2d 734, 204 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 8993 (N.Y. Ct. App. 1960).

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Opinion

In an action by a former wife to recover the amount of arrears claimed to be [735]*735due for her alimony and for the support of a child of the parties, under (1) a Nevada decree of divorce and (2) a separation agreement, the plaintiff appeals from an order of the Supreme Court, Queens County, entered in Nassau County February 9, 1960, denying her motion for summary judgment. The verbatim terms of the agreement were made part of the decree. The answer denies material allegations of the complaint. The answer also alleges affirmative defenses to the effect that the terms of the separation agreement merged into the decree of divorce; that the foreign court has not made an order fixing the amount of arrears; that the parties modified the terms of the separation agreement and the decree; and that plaintiff waived the said terms. Order affirmed, without costs. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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In an action by a former wife to recover the amount of arrears claimed to be [735]*735due for her alimony and for the support of a child of the parties, under (1) a Nevada decree of divorce and (2) a separation agreement, the plaintiff appeals from an order of the Supreme Court, Queens County, entered in Nassau County February 9, 1960, denying her motion for summary judgment. The verbatim terms of the agreement were made part of the decree. The answer denies material allegations of the complaint. The answer also alleges affirmative defenses to the effect that the terms of the separation agreement merged into the decree of divorce; that the foreign court has not made an order fixing the amount of arrears; that the parties modified the terms of the separation agreement and the decree; and that plaintiff waived the said terms. Order affirmed, without costs. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Bluebook (online)

11 A.D.2d 734, 204 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 8993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-lewis-nyappdiv-1960.