Wagner v. Wagner

Appellate Division of the Supreme Court of New York

Wagner v. Wagner

70 A.D.2d 635, 416 N.Y.S.2d 525, 1979 N.Y. App. Div. LEXIS 12079

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

DecidedMay 21, 1979

StatusPublished

This text of 70 A.D.2d 635 (Wagner v. Wagner) 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

Wagner v. Wagner, 70 A.D.2d 635, 416 N.Y.S.2d 525, 1979 N.Y. App. Div. LEXIS 12079 (N.Y. Ct. App. 1979).

Pincite

Opinion

—In an action, inter alia, to reform a written modification of a separation agreement which had been incorporated in a ^subsequent divorce decree, plaintiff appeals from (1) a judgment of the Supreme Court, Westchester County, entered December 7, 1977, which dismissed her complaint, after a nonjury trial, and (2) a further order of the same court, entered January 16, 1978, which denied her motion, inter alia, to set aside the prior judgment. Judgment and order affirmed, without costs or disbursements. On this record we agree that the plaintiff has not established her right to the relief sought by clear, positive and convincing evidence of error made in the drafting and execution of the agreement under review. Damiani, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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—In an action, inter alia, to reform a written modification of a separation agreement which had been incorporated in a ^subsequent divorce decree, plaintiff appeals from (1) a judgment of the Supreme Court, Westchester County, entered December 7, 1977, which dismissed her complaint, after a nonjury trial, and (2) a further order of the same court, entered January 16, 1978, which denied her motion, inter alia, to set aside the prior judgment. Judgment and order affirmed, without costs or disbursements. On this record we agree that the plaintiff has not established her right to the relief sought by clear, positive and convincing evidence of error made in the drafting and execution of the agreement under review. Damiani, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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Bluebook (online)

70 A.D.2d 635, 416 N.Y.S.2d 525, 1979 N.Y. App. Div. LEXIS 12079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-wagner-nyappdiv-1979.