Denning v. Denning

Appellate Division of the Supreme Court of New York

Denning v. Denning

1 A.D.2d 741, 146 N.Y.S.2d 741, 1955 N.Y. App. Div. LEXIS 3773

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

DecidedDecember 23, 1955

StatusPublished

This text of 1 A.D.2d 741 (Denning v. Denning) 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

Denning v. Denning, 1 A.D.2d 741, 146 N.Y.S.2d 741, 1955 N.Y. App. Div. LEXIS 3773 (N.Y. Ct. App. 1955).

Pincite

Opinion

Appeal from a judgment entered upon a decision of the Supreme Court at Trial Term in Broome County, directing defendant-appellant to convey certain parcels of land and to execute a note and a real property mortgage pursuant to the terms of a separation agreement. Defendant-appellant does not deny that she has failed to carry out the terms of the separation agreement. She contended [742]*742that she should not be required to perform according to its terms because plaintiff-respondent has breached the agreement by failing to make certain payments for the support of a child of the marriage and because plaintiff-respondent revoked the agreement by cohabiting with her subsequent to its execution. The record discloses that plaintiff-respondent substantially performed the conditions imposed upon him by the agreement and there is evidence sufficient to support a finding that marital relations were not resumed. Judgment unanimously affirmed, with costs. Present — Poster, P. J., Bergan, Coon, Halpern and Zeller, JJ. [See post, 929.]

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Appeal from a judgment entered upon a decision of the Supreme Court at Trial Term in Broome County, directing defendant-appellant to convey certain parcels of land and to execute a note and a real property mortgage pursuant to the terms of a separation agreement. Defendant-appellant does not deny that she has failed to carry out the terms of the separation agreement. She contended [742]*742that she should not be required to perform according to its terms because plaintiff-respondent has breached the agreement by failing to make certain payments for the support of a child of the marriage and because plaintiff-respondent revoked the agreement by cohabiting with her subsequent to its execution. The record discloses that plaintiff-respondent substantially performed the conditions imposed upon him by the agreement and there is evidence sufficient to support a finding that marital relations were not resumed. Judgment unanimously affirmed, with costs. Present — Poster, P. J., Bergan, Coon, Halpern and Zeller, JJ. [See post, 929.]

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Bluebook (online)

1 A.D.2d 741, 146 N.Y.S.2d 741, 1955 N.Y. App. Div. LEXIS 3773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denning-v-denning-nyappdiv-1955.