Appellate Division of the Supreme Court of New York, 1953

O'Hara v. O'Hara

O'Hara v. O'Hara
Appellate Division of the Supreme Court of New York · Decided October 6, 1953
282 A.D. 855; 124 N.Y.S.2d 717; 1953 N.Y. App. Div. LEXIS 5201
O'Hara v. O'Hara

Opinion of the Court

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. On its face the stipulation precluded this application within the five-year period. Insufficient proof was submitted to show that the later developments were not contemplated in or at the time of the stipulation. Nor was it adequately shown that the developments were such to jusify relieving plaintiff wife of the terms of the stipulation or the judgment entered thereon. Consequently, it is not necessary to consider whether power existed to modify the judgment in this particular. Present — Peck, P. J., Glennon, Cohn, Breitel and Botein, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.