McNeil v. McNeil

Appellate Division of the Supreme Court of New York

McNeil v. McNeil

97 A.D.2d 961, 468 N.Y.S.2d 757, 1983 N.Y. App. Div. LEXIS 20780

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

DecidedNovember 4, 1983

StatusPublished

Cited by1 cases

This text of 97 A.D.2d 961 (McNeil v. McNeil) 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.

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McNeil v. McNeil, 97 A.D.2d 961, 468 N.Y.S.2d 757, 1983 N.Y. App. Div. LEXIS 20780 (N.Y. Ct. App. 1983).

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Opinion

Order unanimously reversed, with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: Special Term erred in granting plaintiff summary judgment directing defendant to pay the cost of private school expenses for the parties’ minor son. Under the terms of the parties’ separation agreement, which was incorporated but not merged into the divorce decree, defendant is obligated to pay private school expenses provided the school is “chosen by mutual agreement of the parties”. The parties’ affidavits present a clear-cut factual dispute with respect to whether the parties agreed to their son’s enrollment in the Florida school. An evidentiary hearing is therefore necessary to determine whether there was such agreement (see Matter of Wayne v Wayne, 77 AD2d 625). (Appeal from order of Supreme Court, Monroe County, Smith, J. — contempt.) Present — Callahan, J. P., Denman, Boomer, Green and Schnepp, JJ.

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Order unanimously reversed, with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: Special Term erred in granting plaintiff summary judgment directing defendant to pay the cost of private school expenses for the parties’ minor son. Under the terms of the parties’ separation agreement, which was incorporated but not merged into the divorce decree, defendant is obligated to pay private school expenses provided the school is “chosen by mutual agreement of the parties”. The parties’ affidavits present a clear-cut factual dispute with respect to whether the parties agreed to their son’s enrollment in the Florida school. An evidentiary hearing is therefore necessary to determine whether there was such agreement (see Matter of Wayne v Wayne, 77 AD2d 625). (Appeal from order of Supreme Court, Monroe County, Smith, J. — contempt.) Present — Callahan, J. P., Denman, Boomer, Green and Schnepp, JJ.

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Bluebook (online)

97 A.D.2d 961, 468 N.Y.S.2d 757, 1983 N.Y. App. Div. LEXIS 20780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneil-v-mcneil-nyappdiv-1983.

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