Eelman v. Eelman

Appellate Division of the Supreme Court of New York

Eelman v. Eelman

57 A.D.2d 731, 395 N.Y.S.2d 565, 1977 N.Y. App. Div. LEXIS 11790

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

DecidedApril 15, 1977

StatusPublished

This text of 57 A.D.2d 731 (Eelman v. Eelman) 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

Eelman v. Eelman, 57 A.D.2d 731, 395 N.Y.S.2d 565, 1977 N.Y. App. Div. LEXIS 11790 (N.Y. Ct. App. 1977).

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Opinion

Judgment unanimously reversed, without costs, and motion denied. Memorandum: Special Term granted summary judgment to plaintiff pursuant to CPLR 3213 upon the theory that her claim for support payments was based upon an instrument for the payment of money only. The remedy of accelerated summary judgment under CPLR 3213 may not be granted when the underlying instrument is a separation agreement which contains covenants and conditions relating to matters other than support payments (Wagner v Cornblum, 36 AD2d 427). (Appeal from judgment of Livingston Supreme Court—summary judgment.) Present—Marsh, P. J., Moule, Cardamone, Dillon and Goldman, JJ.

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Judgment unanimously reversed, without costs, and motion denied. Memorandum: Special Term granted summary judgment to plaintiff pursuant to CPLR 3213 upon the theory that her claim for support payments was based upon an instrument for the payment of money only. The remedy of accelerated summary judgment under CPLR 3213 may not be granted when the underlying instrument is a separation agreement which contains covenants and conditions relating to matters other than support payments (Wagner v Cornblum, 36 AD2d 427). (Appeal from judgment of Livingston Supreme Court—summary judgment.) Present—Marsh, P. J., Moule, Cardamone, Dillon and Goldman, JJ.

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Bluebook (online)

57 A.D.2d 731, 395 N.Y.S.2d 565, 1977 N.Y. App. Div. LEXIS 11790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eelman-v-eelman-nyappdiv-1977.

Opinion

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