Riley v. Riley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On May 18, 1981, the parties entered into a separation agreement which, by its terms, was to survive and not merge in a subsequent judgment of divorce. The parties were subsequently divorced by judgment dated November 20, 1981. The husband failed to make any challenge to the terms of the agreement until he moved, by order to show cause dated August 17, 1989, inter alia, to modify and/or vacate the judgment of divorce and the underlying separation agreement.
A separation agreement which does not merge into the judgment of divorce survives as a separate contract to which the parties are bound.…
2Cases cited6 opinions
- Beutel v. BeutelNew York Court of Appeals · 1982
- Lambert v. LambertAppellate Division of the Supreme Court of the State of New York · 1988
- Culp v. CulpAppellate Division of the Supreme Court of the State of New York · 1986
- Curry v. CholletteAppellate Division of the Supreme Court of the State of New York · 1977
- Glaser v. GlaserAppellate Division of the Supreme Court of the State of New York · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hoffman v. CannoneAppellate Division of the Supreme Court of the State of New York · 1994
- Spataro v. SpataroAppellate Division of the Supreme Court of the State of New York · 2000
- Garguilio v. GarguilioAppellate Division of the Supreme Court of the State of New York · 1994
- Dombrowski v. DombrowskiAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of SchellAppellate Division of the Supreme Court of the State of New York · 1993
6 more not listed; retrieve them via the Exa API.