Legal Opinion
Gaines v. Gaines
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1992No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: Supreme Court erred by entertaining defendant’s motion to set aside a post-divorce agreement which modified the original separation agreement. A party seeking to set aside an agreement must do so by commencement of a plenary action, by affirmative defense or by counterclaim; such relief cannot be obtained on motion (Darragh v Darragh, 163 AD2d 648; Kellman v Kellman, 162 AD2d 958; Lambert v Lambert, 142 AD2d 557). Because the determination in this case was made after a full hearing tantamount to a plenary trial, we address the merits in…
2Cases cited6 opinions
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Abbate v. AbbateAppellate Division of the Supreme Court of the State of New York · 1981
- Lambert v. LambertAppellate Division of the Supreme Court of the State of New York · 1988
- Culp v. CulpAppellate Division of the Supreme Court of the State of New York · 1986
- Darragh v. DarraghAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dudla v. DudlaAppellate Division of the Supreme Court of the State of New York · 2003
- Zavaglia v. ZavagliaAppellate Division of the Supreme Court of the State of New York · 1996
- Dunham v. DunhamAppellate Division of the Supreme Court of the State of New York · 1995
- Young v. YoungAppellate Division of the Supreme Court of the State of New York · 2002
- Verna v. VernaAppellate Division of the Supreme Court of the State of New York · 2015