Legal Opinion

Marshall v. Alaliewie

Appellate Division of the Supreme Court of the State of New York

Decided April 17, 2003PublishedCited by 7 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Lament, J.), entered September 23, 2002 in Schoharie County, which, inter alia, denied plaintiff’s motion for partial summary judgment.

Plaintiff seeks rescission of a 1998 agreement with defendant Richard Houle amending a 1996 stipulation of settlement, which was incorporated but not merged into plaintiffs and *1027Houle’s judgment of divorce.* Plaintiff contends that Houle failed to comply with a provision in the 1998 agreement that she claims required him to pay her $50,000 on May 1, 2001. By notice of motion dated June 21, 2002, plaintiff moved for…

2Cases cited5 opinions

  1. Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
  2. Sokolow, Dunaud, Mercadier & Carreras LLP v. LacherAppellate Division of the Supreme Court of the State of New York · 2002
  3. Town of Poestenkill v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1996
  4. Houle v. HouleAppellate Division of the Supreme Court of the State of New York · 2003
  5. Marshall v. AlaliewieAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. Brooks v. Key Trust Co. National Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
  2. Singh v. CarringtonAppellate Division of the Supreme Court of the State of New York · 2005
  3. Houle v. HouleAppellate Division of the Supreme Court of the State of New York · 2003
  4. Kaung v. Board of Managers of Biltmore Towers Condominium Ass'nNew York Supreme Court · 2008
  5. Sleepy's, Inc. v. OrzechowskiAppellate Division of the Supreme Court of the State of New York · 2004

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