Blasich v. Blasich
Opinion of the Court
In an action, inter alia, for specific performance of a certain provision of a separation agreement, the defendant former wife appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered October 26, 1990, which, after a nonjury trial, upon remittitur from this Court for a new determination as to the enforceability of the parties’ separation agreement, is in favor of the plaintiff former husband and against her, directing her to convey the former marital residence to him.
Ordered that the judgment is affirmed, with costs.
The plaintiff former husband brought this action seeking, inter alia, specific performance of a provision in the parties’ 1982 separation agreement which granted the plaintiff former husband exclusive ownership and possession of the marital
We see no reason to disturb the findings of the trial court, which had the opportunity to view the demeanor of the witnesses first hand, and thus was in the best position to gauge their credibility (see, Vogelhut v Waldbaum’s Supermarket, 127 AD2d 590; Matter of Fasano v State of New York, 113 AD2d 885).
We have reviewed the defendant’s remaining contention and find it to be without merit. Bracken, J. P., Balletta, O’Brien and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.