Maloney v. Long Island Trust Co.

Appellate Division of the Supreme Court of New York

Maloney v. Long Island Trust Co.

51 A.D.2d 578, 378 N.Y.S.2d 768, 1976 N.Y. App. Div. LEXIS 10866

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

DecidedJanuary 26, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 578 (Maloney v. Long Island Trust Co.) 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

Maloney v. Long Island Trust Co., 51 A.D.2d 578, 378 N.Y.S.2d 768, 1976 N.Y. App. Div. LEXIS 10866 (N.Y. Ct. App. 1976).

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Opinion

In an action for moneys due under a separation agreement, the plaintiff wife appeals from so much of an order-judgment (one paper) of the Supreme Court, Nassau County, entered June 24, 1975, as, upon her motion for summary judgment, dismissed the second cause of action of the complaint. Order-judgment affirmed insofar as appealed from, without costs. There is nothing in the separation agreement, express or implicit, to indicate the parties’ intention [579]*579that the husband’s obligations pursuant to subdivision (c) of paragraph 9 of the agreement were to survive his death (see Matter of Kaltsounis, 75 Misc 2d 545, 548). Rabin, Acting P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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In an action for moneys due under a separation agreement, the plaintiff wife appeals from so much of an order-judgment (one paper) of the Supreme Court, Nassau County, entered June 24, 1975, as, upon her motion for summary judgment, dismissed the second cause of action of the complaint. Order-judgment affirmed insofar as appealed from, without costs. There is nothing in the separation agreement, express or implicit, to indicate the parties’ intention [579]*579that the husband’s obligations pursuant to subdivision (c) of paragraph 9 of the agreement were to survive his death (see Matter of Kaltsounis, 75 Misc 2d 545, 548). Rabin, Acting P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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Bluebook (online)

51 A.D.2d 578, 378 N.Y.S.2d 768, 1976 N.Y. App. Div. LEXIS 10866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maloney-v-long-island-trust-co-nyappdiv-1976.

Opinion

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