Pecora v. Cerillo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hart, J.
The issue under review, which has not previously come before this Court, is whether a cause of action to recover damages for an alleged violation of a separation agreement may arise if a party to the agreement petitions the court for an increase in previously agreed-upon child support.
FACTUAL BACKGROUND:
The defendant Thomas Cerillo and the plaintiff were formerly husband and wife. They executed a separation agreement in March 1983. Pursuant to the terms of the agreement, the plaintiff was given custody of the parties’ two daughters, then ages six and four. The…
2Cases cited9 opinions
- Brescia v. FittsNew York Court of Appeals · 1982
- Boden v. BodenNew York Court of Appeals · 1977
- Matter of CoopermanNew York Court of Appeals · 1994
- Moat v. MoatAppellate Division of the Supreme Court of the State of New York · 1967
- Fetherston v. FetherstonAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by9 opinions
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- Priolo v. PrioloAppellate Division of the Supreme Court of the State of New York · 1995
- Cellamare v. LakemanAppellate Division of the Supreme Court of the State of New York · 2007
- Harriman v. HarrimanAppellate Division of the Supreme Court of the State of New York · 1996
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