Friedman v. Exel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
At issue is whether plaintiff is entitled to a judgment pursuant to Domestic Relations Law § 244 awarding arrears of child support due under a judgment of divorce when for more than 12 years she made no demands upon defendant for payment. Special Term determined that she was, and awarded judgment, as requested, for all of the arrears up to the date the order to show cause initiating this motion was issued. As the issue of waiver required a hearing, the judgment should be reversed.
On June 25, 1968, plaintiff (the mother) was granted a judgment of divorce against…
2Cases cited12 opinions
- Swanton v. CurleyNew York Court of Appeals · 1937
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
- Maule v. KaufmanNew York Court of Appeals · 1973
- Axelrad v. AxelradAppellate Division of the Supreme Court of the State of New York · 1955
- Axelrad v. AxelradNew York Court of Appeals · 1955
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Matter of Dox v. TynonNew York Court of Appeals · 1997
- Petritis v. PetritisAppellate Division of the Supreme Court of the State of New York · 1987
- Manno v. MannoAppellate Division of the Supreme Court of the State of New York · 1996
- Messina v. MessinaAppellate Division of the Supreme Court of the State of New York · 1988
- Curtis v. CurtisAppellate Division of the Supreme Court of the State of New York · 1987
15 more not listed; retrieve them via the Exa API.