Legal Opinion

Kleila v. Kleila

New York Court of Appeals

Decided May 1, 1980PublishedCited by 82 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

In this plenary action in contract brought by a wife who *280seeks a money judgment for arrears in support payments due her under a separation agreement, the overriding issue is the proper interpretation of a provision of the agreement. Section 23 of the agreement specifically declares that the agreement is to survive any subsequent divorce decree obtained by either party, and it further provides that although the custody, support and maintenance provisions of the separation agreement may be incorporated by reference into such a divorce decree, they are not to be…

2Cases cited4 opinions

  1. Christian v. ChristianNew York Court of Appeals · 1977
  2. Goldman v. GoldmanNew York Court of Appeals · 1940
  3. McMains v. McMainsNew York Court of Appeals · 1965
  4. Harges v. HargesNew York Supreme Court · 1965

3Cited by82 opinions

  1. Brescia v. FittsNew York Court of Appeals · 1982
  2. Merl v. MerlNew York Court of Appeals · 1986
  3. Bowmer v. BowmerNew York Court of Appeals · 1980
  4. Johna Ms v. Russell EsNew York Court of Appeals · 2008
  5. Pintus v. PintusAppellate Division of the Supreme Court of the State of New York · 1984

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