Drake v. Drake
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Doerr, J.
The question presented on this appeal is whether a child of the parties to a separation agreement has standing, as a third-party beneficiary, to enforce the terms of the agreement insofar as it relates to periodic support payments. Under the facts of this case we hold that she may not.
*208In 1963 plaintiff’s parents, Winifred B. Drake and Richard E. Drake, entered into a separation agreement later incorporated, but not merged, in a divorce decree. The agreement required the husband to make periodic payments to the wife for the support of five children, whose custody…
2Cases cited28 opinions
- Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- In re Roe v. DoeNew York Court of Appeals · 1971
- Parker v. StageNew York Court of Appeals · 1977
- Goodman-Marks Associates Inc. v. Westbury Post AssociatesAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Accounting of GranwellNew York Court of Appeals · 1967
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- Houbigant, Inc. v. ACB Mercantile, Inc.District Court, S.D. New York · 1995
- Sazerac Co., Inc. v. FalkDistrict Court, S.D. New York · 1994
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