Legal Opinion
Tolson v. Tolson
New York Supreme Court
Decided March 9, 1988PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Ralph Diamond, J.
This is a case of first impression as to whether the failure of a debtor to file a timely "mistake of fact” application ad*1033dressed to an income execution (CPLR 5241) based upon a temporary order of support is a bar to having the application heard.
UNCONTESTED FACTS
The parties are not in dispute as to the following:(a) this court, in a temporary order dated July 14, 1987, required the husband defendant to make certain support and maintenance payments for the plaintiff wife and their two children. The same order required the plaintiff wife, out of a special…
2Cases cited4 opinions
- Basch v. BaschAppellate Division of the Supreme Court of the State of New York · 1985
- Mirabella v. MirabellaNew York City Family Court · 1986
- Sloan v. SloanAppellate Division of the Supreme Court of the State of New York · 1987
- Burns v. BurnsAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by3 opinions
- Tirrito v. TirritoAppellate Division of the Supreme Court of the State of New York · 1993
- Caldera v. CalderaNew York Supreme Court · 1988
- Baum v. BaumCivil Court of the City of New York · 1990