Maloney v. Maloney

Appellate Division of the Supreme Court of New York

Maloney v. Maloney

99 A.D.2d 645, 471 N.Y.S.2d 548, 1984 N.Y. App. Div. LEXIS 16882

Procedural entryThis page is a short order in Maloney v. Maloney. Read the opinion of the Court — 114 A.D.2d 440 →

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 1984·Published

Opinion

Order unanimously affirmed, with costs. Memorandum: The parties’ separation agreement is unambiguous in providing for permanent support and maintenance for defendant and is not conditioned on the emancipation of the parties’ youngest child. Even if we were to view the provision as ambiguous, the testimony of defendant’s former attorney would support the same result. (Appeal from order of Supreme Court, Erie County, Johnson, J. — alimony.) Present — Dillon, P. J., Doerr, Denman, O’Donnell and Moule, JJ.

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Order unanimously affirmed, with costs. Memorandum: The parties’ separation agreement is unambiguous in providing for permanent support and maintenance for defendant and is not conditioned on the emancipation of the parties’ youngest child. Even if we were to view the provision as ambiguous, the testimony of defendant’s former attorney would support the same result. (Appeal from order of Supreme Court, Erie County, Johnson, J. — alimony.) Present — Dillon, P. J., Doerr, Denman, O’Donnell and Moule, JJ.

Maloney v. Maloney, 99 A.D.2d 645, 471 N.Y.S.2d 548, 1984 N.Y. App. Div. LEXIS 16882 (N.Y. Ct. App. 1984).

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99 A.D.2d 645 (Maloney v. Maloney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.