Legal Opinion
Trinagel v. Boyar
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2012PublishedCited by 5 opinions
1Opinion of the Court
The facts underlying this appeal are set forth in our decision and order on a previous appeal (see Trinagel v Boyar, 70 AD3d 816 [2010]).
“Where the parties have agreed to provisions in a settlement agreement which govern the award of attorney’s fees, the agreement’s provisions, rather than statutory provisions, control” (Matter of Berns v Halberstam, 46 AD3d 808, 809 [2007]; see Arato v Arato, 15 AD3d 511, 512 [2005]). In this case, the parties’ stipulation of settlement dated August 4, 2003, which was incorporated but not merged into their judgment of divorce, contained provisions governing…
2Cases cited4 opinions
- Sirma v. Gervais BeachAppellate Division of the Supreme Court of the State of New York · 2009
- Trinagel v. BoyarAppellate Division of the Supreme Court of the State of New York · 2010
- Berns v. HalberstamAppellate Division of the Supreme Court of the State of New York · 2007
- Arato v. AratoAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- Lew v. StratigakisAppellate Division of the Supreme Court of the State of New York · 2016
- Tanenbaum v. MolinoffAppellate Division of the Supreme Court of the State of New York · 2014
- Batts v. IBEX Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Batts v. IBEX Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Tanenbaum v. MolinoffAppellate Division of the Supreme Court of the State of New York · 2014