Appellate Division of the Supreme Court of New York, 2002

Linder v. Linder

Appellate Division of the Supreme Court of New York · Decided September 23, 2002

297 A.D.2d 711; 748 N.Y.2d 599; 747 N.Y.S.2d 396; 2002 N.Y. App. Div. LEXIS 8634

Cases that cite this one

3 later published cases cite this decision.

Yaroshenko v. Kats (Appellate Division of the Supreme Court of New York 2004)
Nappi v. Nappi (Appellate Division of the Supreme Court of New York 2004)
Hanlon v. Hanlon (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

A party seeking downward modification of the child support terms of a stipulation of settlement must establish an unanticipated and unreasonable change in circumstances, and also must establish that such change was substantial (see Praeger v Praeger, 162 AD2d 671). The Supreme Court providently *712exercised its discretion in denying that branch of the defendant’s motion which was for downward modification. Even assuming the defendant, a medical doctor, is unable to perform surgery, the defendant did not establish that he diligently sought employment commensurate with his qualifications and experience (see Yepes v Fichera, 230 AD2d 803).

The defendant’s remaining contentions are without merit. Santucci, J.P., Schmidt, Townes and Cozier, JJ., concur.

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