Shevlin v. Shevlin

Appellate Division of the Supreme Court of New York

Shevlin v. Shevlin

210 A.D.2d 987, 621 N.Y.S.2d 976, 1994 N.Y. App. Div. LEXIS 13482

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

DecidedDecember 23, 1994

StatusPublished

This text of 210 A.D.2d 987 (Shevlin v. Shevlin) 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

Shevlin v. Shevlin, 210 A.D.2d 987, 621 N.Y.S.2d 976, 1994 N.Y. App. Div. LEXIS 13482 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant contends that, if Supreme Court’s order is affirmed, "debts owed to defendant by plaintiff will not be protected as provided in the parties’ stipulation”. Insofar as the order fails to take into account the attorney’s fees and arrearages provision of the parties’ stipulation, the order must be modified to ensure that the parties comply with the terms of that stipulation upon the sale of the marital residence. Thus, we modify the order by directing that, in the event plaintiff is successful in purchasing the real property in accordance with the terms and conditions of the order, any unpaid attorney’s fees and any debts or arrearages due and owing under the terms of the stipulation are also to be paid in full at closing. (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J.— Sale of Marital Residence.) Present—Denman, P. J., Green, Balio, Callahan and Boehm, JJ.

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—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant contends that, if Supreme Court’s order is affirmed, "debts owed to defendant by plaintiff will not be protected as provided in the parties’ stipulation”. Insofar as the order fails to take into account the attorney’s fees and arrearages provision of the parties’ stipulation, the order must be modified to ensure that the parties comply with the terms of that stipulation upon the sale of the marital residence. Thus, we modify the order by directing that, in the event plaintiff is successful in purchasing the real property in accordance with the terms and conditions of the order, any unpaid attorney’s fees and any debts or arrearages due and owing under the terms of the stipulation are also to be paid in full at closing. (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J.— Sale of Marital Residence.) Present—Denman, P. J., Green, Balio, Callahan and Boehm, JJ.

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Bluebook (online)

210 A.D.2d 987, 621 N.Y.S.2d 976, 1994 N.Y. App. Div. LEXIS 13482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shevlin-v-shevlin-nyappdiv-1994.