Randall v. Randall

Appellate Division of the Supreme Court of New York

Randall v. Randall

113 A.D.2d 926

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

DecidedSeptember 30, 1985

StatusPublished

Cited by1 cases

This text of 113 A.D.2d 926 (Randall v. Randall) 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

Randall v. Randall, 113 A.D.2d 926 (N.Y. Ct. App. 1985).

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Opinion

In an action to recover moneys due under a separation agreement, the defendant husband appeals from an order of the Supreme Court, Westchester County (Green, J.), dated August 6, 1984, which (1) granted the plaintiff wife’s motion for summary judgment for arrears in maintenance and child support in the sum of $8,625, and (2) denied defendant’s cross motion for summary judgment, inter alia, vacating the separation agreement.

Order affirmed, with costs.

Defendant failed to submit any probative evidence to warrant the granting of his cross motion to vacate the separation agreement. Defendant does not claim that he is uneducated or cannot read or understand the English language. The terms of the separation agreement are clearly written in simple and unambiguous language. Further, there is no evidence of any overreaching, fraud or duress by plaintiff. Accordingly, the agreement should be enforced and defendant should be held to its terms, to which he freely agreed and signed his name. Mangano, J. P., Rubin, Lawrence and Fiber, JJ., concur.

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In an action to recover moneys due under a separation agreement, the defendant husband appeals from an order of the Supreme Court, Westchester County (Green, J.), dated August 6, 1984, which (1) granted the plaintiff wife’s motion for summary judgment for arrears in maintenance and child support in the sum of $8,625, and (2) denied defendant’s cross motion for summary judgment, inter alia, vacating the separation agreement.

Order affirmed, with costs.

Defendant failed to submit any probative evidence to warrant the granting of his cross motion to vacate the separation agreement. Defendant does not claim that he is uneducated or cannot read or understand the English language. The terms of the separation agreement are clearly written in simple and unambiguous language. Further, there is no evidence of any overreaching, fraud or duress by plaintiff. Accordingly, the agreement should be enforced and defendant should be held to its terms, to which he freely agreed and signed his name. Mangano, J. P., Rubin, Lawrence and Fiber, JJ., concur.

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113 A.D.2d 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-randall-nyappdiv-1985.

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