Steers v. Steers

Appellate Division of the Supreme Court of New York

Steers v. Steers

69 A.D.2d 858, 415 N.Y.S.2d 453, 1979 N.Y. App. Div. LEXIS 11556

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

DecidedApril 16, 1979

StatusPublished

Cited by5 cases

This text of 69 A.D.2d 858 (Steers v. Steers) 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

Steers v. Steers, 69 A.D.2d 858, 415 N.Y.S.2d 453, 1979 N.Y. App. Div. LEXIS 11556 (N.Y. Ct. App. 1979).

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Opinion

In a matrimonial action in which the plaintiff husband was granted a judgment of divorce, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County, entered February 16, 1978, as granted the branch of defendant’s motion which sought leave to enter a money judgment for arrears. Order affirmed insofar as appealed from, with $50 costs and disbursements. The bargain that the parties struck with respect to the defendant’s support, as evidenced by the separation agreement which was incorporated but not merged in the judgment of divorce and reaffirmed a year later except as to provisions specifically amended, will not be abrogated by the court on plaintiff’s claim that it is basically unfair. The court will not rewrite an agreement of separation that is regular on its face, where each party was aided by counsel throughout the negotiations and there is no showing of overreaching, fraud or duress (see Riemer v Riemer, 31 AD2d 482, affd 31 NY2d 881; see, also, Christian v Christian, 42 NY2d 63, 71-72; cf. Bethune v Bethune, 46 NY2d 514; Matter of Boden v Boden, 42 NY2d 210). Damiani, J. P., O’Connor, Rabin and Gulotta, JJ., concur.

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In a matrimonial action in which the plaintiff husband was granted a judgment of divorce, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County, entered February 16, 1978, as granted the branch of defendant’s motion which sought leave to enter a money judgment for arrears. Order affirmed insofar as appealed from, with $50 costs and disbursements. The bargain that the parties struck with respect to the defendant’s support, as evidenced by the separation agreement which was incorporated but not merged in the judgment of divorce and reaffirmed a year later except as to provisions specifically amended, will not be abrogated by the court on plaintiff’s claim that it is basically unfair. The court will not rewrite an agreement of separation that is regular on its face, where each party was aided by counsel throughout the negotiations and there is no showing of overreaching, fraud or duress (see Riemer v Riemer, 31 AD2d 482, affd 31 NY2d 881; see, also, Christian v Christian, 42 NY2d 63, 71-72; cf. Bethune v Bethune, 46 NY2d 514; Matter of Boden v Boden, 42 NY2d 210). Damiani, J. P., O’Connor, Rabin and Gulotta, JJ., concur.

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Bluebook (online)

69 A.D.2d 858, 415 N.Y.S.2d 453, 1979 N.Y. App. Div. LEXIS 11556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steers-v-steers-nyappdiv-1979.

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