New York Court of Appeals, 1982

Priebe v. Priebe

New York Court of Appeals · Decided February 23, 1982

55 N.Y.2d 997; 434 N.E.2d 708; 449 N.Y.S.2d 472; 1982 N.Y. LEXIS 3172

Cases that cite this one

12 later published cases cite this decision.

Daghir v. Daghir (N.Y. 1982)
MATTER OF TROPEA v. Tropea (N.Y. 1996)
Atkinson v. Atkinson (Appellate Division of the Supreme Court of New York 1993)
Sanders v. Sanders (Appellate Division of the Supreme Court of New York 1992)
Wiles v. Wiles (Appellate Division of the Supreme Court of New York 1991)
Reese v. Reese (Appellate Division of the Supreme Court of New York 1987)
Kelly v. Kelly (Appellate Division of the Supreme Court of New York 1987)
Bonfiglio v. Bonfiglio (Appellate Division of the Supreme Court of New York 1987)
Barie v. Faulkner (Appellate Division of the Supreme Court of New York 1985)
Courten v. Courten (Appellate Division of the Supreme Court of New York 1983)
Krom v. Comerford (N.Y. 1982)
Miles v. Brylinski (Appellate Division of the Supreme Court of New York 1982)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The parties sought, on the basis of cross motions, to modify the visitation provisions of their separation agreement which was incorporated into, but not merged with, the divorce decree terminating their marriage. It was *999within the discretion of the Appellate Division to determine whether the circumstances presented justified the requested modification. (Compare Dean v Dean, 79 AD2d 876, mot for lv to app den 52 NY2d 706, with Milici v Milici, 57 AD2d 946.) We cannot say, as a matter of law, that the determination of the Appellate Division which prohibited the mother from removing the children to any location which would interfere with the father’s visitation rights was an abuse of that court’s discretion. (Cf. Weiss v Weiss, 52 NY2d 170.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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