Kinsella v. Kinsella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting that part of the application of plaintiff seeking an upward modification of child support in contravention of the parties’ modified separation agreement because her proof *890failed to establish that the child’s needs were not being met (see, Matter of Brescia v Fitts, 56 NY2d 132, 141) or that an unanticipated and unreasonable change in circumstances had occurred (see, Boden v Boden,…
2Cases cited6 opinions
- Brescia v. FittsNew York Court of Appeals · 1982
- Boden v. BodenNew York Court of Appeals · 1977
- Tripi v. FaielloAppellate Division of the Supreme Court of the State of New York · 1993
- Labita v. LabitaAppellate Division of the Supreme Court of the State of New York · 1989
- Tuchrello v. TuchrelloAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by7 opinions
- Hejna v. ReillyAppellate Division of the Supreme Court of the State of New York · 2006
- Culton v. CultonAppellate Division of the Supreme Court of the State of New York · 2000
- Fuss v. FussAppellate Division of the Supreme Court of the State of New York · 2005
- Lawrence v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1996
- Alexander v. ConleyAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.