E.M. v. T.M.

Appellate Division of the Supreme Court of New York

E.M. v. T.M.

245 A.D.2d 185, 666 N.Y.S.2d 187, 1997 N.Y. App. Div. LEXIS 13154

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

DecidedDecember 18, 1997

StatusPublished

This text of 245 A.D.2d 185 (E.M. v. T.M.) 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

E.M. v. T.M., 245 A.D.2d 185, 666 N.Y.S.2d 187, 1997 N.Y. App. Div. LEXIS 13154 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered November 29, 1996, which, insofar as appealed from, awarded plaintiff a money judgment against defendant of $100,350 for child support arrears due under the parties’ separation agreement, unanimously affirmed, without costs.

Defendant’s claim that he should be allowed a credit for amounts he has spent as a consequence of the parties’ daughter’s moving in with him is defeated by the separation agreement itself, which provides for child support payments to be made to plaintiff until February 22, 1997, regardless of the children’s residence. The issue of whether defendant is entitled to a credit for 1995 spousal maintenance was decided against him in a prior order from which no appeal was taken, and which therefore constitutes law of the case. Concur—Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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—Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered November 29, 1996, which, insofar as appealed from, awarded plaintiff a money judgment against defendant of $100,350 for child support arrears due under the parties’ separation agreement, unanimously affirmed, without costs.

Defendant’s claim that he should be allowed a credit for amounts he has spent as a consequence of the parties’ daughter’s moving in with him is defeated by the separation agreement itself, which provides for child support payments to be made to plaintiff until February 22, 1997, regardless of the children’s residence. The issue of whether defendant is entitled to a credit for 1995 spousal maintenance was decided against him in a prior order from which no appeal was taken, and which therefore constitutes law of the case. Concur—Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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Bluebook (online)

245 A.D.2d 185, 666 N.Y.S.2d 187, 1997 N.Y. App. Div. LEXIS 13154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/em-v-tm-nyappdiv-1997.