Korosh v. Korosh
Cases that cite this one
21 later published cases cite this decision.
- Matter of Dillon v. Dillon (Appellate Division of the Supreme Court of New York 2017)
- Matter of Pizzuto v. Pizzuto (Appellate Division of the Supreme Court of New York 2015)
- United Pool Distribution, Inc. v. Custom Courier Solutions, Inc. (District Court, W.D. New York 2024)
- Ippolito v. Ippolito (Appellate Division of the Supreme Court of New York 2024)
- Pinto v. Pinto (Appellate Division of the Supreme Court of New York 2022)
- Matter of Pierre v. Hernandez (Appellate Division of the Supreme Court of New York 2020)
- Matter of Brandon v. Lopez (Appellate Division of the Supreme Court of New York 2019)
- Matter of Loveless v. Goldbloom (Appellate Division of the Supreme Court of New York 2016)
- DelGaudio v. DelGaudio (Appellate Division of the Supreme Court of New York 2015)
- Matter of Tannenbaum v. Gilberg (Appellate Division of the Supreme Court of New York 2015)
- Hanau v. Cohen (Appellate Division of the Supreme Court of New York 2014)
- Tamburello v. Tamburello (Appellate Division of the Supreme Court of New York 2014)
- Tamburello v. Tamburello (Appellate Division of the Supreme Court of New York 2014)
- Apjohn v. Lubinski (Appellate Division of the Supreme Court of New York 2014)
- Apjohn v. Lubinski (Appellate Division of the Supreme Court of New York 2014)
- O'Brien v. O'Brien (Appellate Division of the Supreme Court of New York 2014)
- O'Brien v. O'Brien (Appellate Division of the Supreme Court of New York 2014)
- Rashidi v. Rashidi (Appellate Division of the Supreme Court of New York 2013)
- Rashidi v. Rashidi (Appellate Division of the Supreme Court of New York 2013)
- Schnee v. Schnee (Appellate Division of the Supreme Court of New York 2013)
- Schnee v. Schnee (Appellate Division of the Supreme Court of New York 2013)
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
The Family Court, however, improperly denied the mother’s objection to so much of the order dated June 17, 2011, as denied that branch of her petition which, in effect, sought to require the father to reimburse the parties’ oldest son for the father’s share of loans that were obtained by that son in connection with that son’s college education, based on provisions of the parties’ stipulation of settlement. “ ‘A stipulation of settlement which is incorporated but not merged into a judgment of divorce is a contract subject to principles of contract construction and interpretation’ ” (Ackermann v Ackermann, 82 AD3d 1020, 1020 [2011], quoting Rosenberger v Rosenberger, 63 AD3d 898, 899 [2009]; see Matter of Meccico v Meccico, 76 NY2d 822, 823-824 [1990]; Rainbow v Swisher, 72 NY2d 106 [1988]; Ayers v Ayers, 92 AD3d 623, 624 [2012]). “[A] marital settlement is a contract subject to principles of contract interpretation [and] a court should interpret the contract in accordance with its plain and ordinary meaning” (Ackermann v Ackermann, 82 AD3d at 1020
Here, contrary to the determination of the Family Court, the stipulation of settlement was ambiguous with regard to the father’s obligation to, in effect, reimburse the parties’ oldest son for the father’s share of the expense of student loans. In the absence of a clear and unambiguous provision to the contrary in the stipulation of settlement concerning the matter, “[i]n determining the parents’ respective obligations towards the cost of college, a court should not take into account any college loans for which the student is responsible” (Matter of Yorke v Yorke, 83 AD3d 951, 952 [2011]; see Matter of Kent v Kent, 29 AD3d 123, 133-134 [2006]). Therefore, these loans should not be deducted before calculating the father’s share of the son’s college costs.
Accordingly, the matter must be remitted to the Family Court, Richmond County, for further proceedings consistent herewith, including a calculation of the respective shares of the father and the parties’ oldest son of the expenses of obtaining student loans to pay for the son’s college education, and a new determination thereafter of that branch of the petition which, in effect, sought to require the father to reimburse the son for the father’s share of loans obtained by the son in connection with the son’s college education. Angiolillo, J.E, Bickerson, Belen and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.