Ferney v. Ferney

Appellate Division of the Supreme Court of New York

Ferney v. Ferney

184 A.D.2d 252

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

DecidedJune 9, 1992

StatusPublished

Cited by2 cases

This text of 184 A.D.2d 252 (Ferney v. Ferney) 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

Ferney v. Ferney, 184 A.D.2d 252 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (Myriam J. Altman, J.), entered August 9, 1991, which, inter alia, granted defendant’s motion to vacate an arbitration award insofar as it terminates plaintiffs obligation to pay defendant maintenance as of December 31, 1993, unanimously affirmed, without costs.

We agree with the IAS court that the arbitrator exceeded his power by permanently terminating plaintiffs obligation to support defendant as of December 31, 1993, the parties’ agreement specifically providing for such termination only upon certain contingencies, none of which occurred (see, Hirsch v Hirsch, 45 AD2d 167, affd 37 NY2d 312). Should the parties fail to reach an agreement on support after 1993, they may once again resort to arbitration (supra). We have considered all other claims and find them to be without merit. Concur— Murphy, P. J., Ellerin, Kupferman, Ross and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Myriam J. Altman, J.), entered August 9, 1991, which, inter alia, granted defendant’s motion to vacate an arbitration award insofar as it terminates plaintiffs obligation to pay defendant maintenance as of December 31, 1993, unanimously affirmed, without costs.

We agree with the IAS court that the arbitrator exceeded his power by permanently terminating plaintiffs obligation to support defendant as of December 31, 1993, the parties’ agreement specifically providing for such termination only upon certain contingencies, none of which occurred (see, Hirsch v Hirsch, 45 AD2d 167, affd 37 NY2d 312). Should the parties fail to reach an agreement on support after 1993, they may once again resort to arbitration (supra). We have considered all other claims and find them to be without merit. Concur— Murphy, P. J., Ellerin, Kupferman, Ross and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

184 A.D.2d 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferney-v-ferney-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack