Dyson v. Dyson

Appellate Division of the Supreme Court of New York

Dyson v. Dyson

109 A.D.2d 864, 487 N.Y.S.2d 58, 1985 N.Y. App. Div. LEXIS 47380

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

DecidedMarch 25, 1985

StatusPublished

This text of 109 A.D.2d 864 (Dyson v. Dyson) 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

Dyson v. Dyson, 109 A.D.2d 864, 487 N.Y.S.2d 58, 1985 N.Y. App. Div. LEXIS 47380 (N.Y. Ct. App. 1985).

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Opinion

— In an action for a divorce, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Marbach, J.), entered May 16,1984, as (1) granted the plaintiff wife’s motion, inter alia, to compel him to comply with certain provisions of a stipulation of settlement which was incorporated but not merged in a judgment of divorce between the parties, to the extent of directing him to pay the sum of $75,000 to plaintiff and granted her leave to enter a judgment for that sum if he failed to do so within a stated time and (2) denied those branches of his cross motion which sought to modify the judgment and stipulation so as to delete therefrom the direction to pay certain sums to the plaintiff and the direction to pay the monthly maintenance and mortgage payments upon a cooperative apartment occupied by the daughter of the parties, and which sought to recoup moneys paid to the wife thereunder.

Order affirmed, insofar as appealed from, with costs.

The facts alleged by appellant at Special Term are insufficient to raise an issue of fraud, mistake, or lack of completeness as to the in-court, oral stipulation relating, inter alia, to the continued ownership by plaintiff of the cooperative apartment in which the parties’ daughter was residing. Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.

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— In an action for a divorce, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Marbach, J.), entered May 16,1984, as (1) granted the plaintiff wife’s motion, inter alia, to compel him to comply with certain provisions of a stipulation of settlement which was incorporated but not merged in a judgment of divorce between the parties, to the extent of directing him to pay the sum of $75,000 to plaintiff and granted her leave to enter a judgment for that sum if he failed to do so within a stated time and (2) denied those branches of his cross motion which sought to modify the judgment and stipulation so as to delete therefrom the direction to pay certain sums to the plaintiff and the direction to pay the monthly maintenance and mortgage payments upon a cooperative apartment occupied by the daughter of the parties, and which sought to recoup moneys paid to the wife thereunder.

Order affirmed, insofar as appealed from, with costs.

The facts alleged by appellant at Special Term are insufficient to raise an issue of fraud, mistake, or lack of completeness as to the in-court, oral stipulation relating, inter alia, to the continued ownership by plaintiff of the cooperative apartment in which the parties’ daughter was residing. Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.

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Bluebook (online)

109 A.D.2d 864, 487 N.Y.S.2d 58, 1985 N.Y. App. Div. LEXIS 47380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyson-v-dyson-nyappdiv-1985.