Perry v. Perry
Cases that cite this one
15 later published cases cite this decision.
- L.D. v. O.D. (New York Supreme Court, Westchester County 2024)
- L.D. v. O.D. (New York Supreme Court, Westchester County 2024)
- Bryan v. Raphael (Appellate Division of the Supreme Court of New York 2014)
- Bryan v. Raphael (Appellate Division of the Supreme Court of New York 2014)
- Clark v. Clark (Appellate Division of the Supreme Court of New York 2006)
- Corona Fuel Corp. v. Nayci (Appellate Division of the Supreme Court of New York 2016)
- Dimond v. Dimond (Appellate Division of the Supreme Court of New York 2013)
- Dimond v. Dimond (Appellate Division of the Supreme Court of New York 2013)
- Boster-Burton v. Burton (Appellate Division of the Supreme Court of New York 2012)
- Ramon v. Ramon (Appellate Division of the Supreme Court of New York 2008)
- B. Reitman Blacktop, Inc. v.Missirlian (Appellate Division of the Supreme Court of New York 2008)
- Oakes v. Oakes (Appellate Division of the Supreme Court of New York 2007)
- Petrovich v. Obradovic (Appellate Division of the Supreme Court of New York 2007)
- Noble v. Noble (Appellate Division of the Supreme Court of New York 2007)
- Lake Anne Realty Corp. v. Lake Anne at Monroe Associates, LLC (Appellate Division of the Supreme Court of New York 2006)
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
In a matrimonial action in which the parties were divorced by judgment dated March 18, 2002, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (Adams, J.), dated October 8, 2003, as granted that branch of the plaintiff’s motion which was to compel the sale of the former marital residence and directed that the proceeds therefrom be divided equally and, in effect, denied that branch of her cross motion which was to appoint a referee to sign a deed transferring the plaintiffs interest in that property to her.
Ordered that the order is affirmed, with costs.
On July 31, 2001, the parties entered into a stipulation of settlement (hereinafter the stipulation) of the matrimonial action. Under the stipulation, if the defendant was not able to buy out the interest of the plaintiff in the former marital residence (hereinafter the house) by November 1, 2001, then the house was to be sold and the proceeds divided evenly. The defendant contends that the stipulation was modified by a later oral agreement between the parties, pursuant to which she relinquished any claim to the plaintiffs pension in return for his relinquishment of the equity in the house.
The Supreme Court properly declined to enforce the alleged oral modification of the stipulation. A stipulation of settlement in a matrimonial action is a contract subject to principles of contract interpretation (see Rainbow v Swisher, 72 NY2d 106, 109 [1988]; Douglas v Douglas, 7 AD3d 481, 482 [2004]). Where
The defendant’s remaining contentions either are not properly before this Court as they are raised for the first time on appeal or are without merit. Smith, J.P., Luciano, Crane and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.