Fairley v. Fairley

Because in my view the majority misconceives the meaning and purpose of the words “substantially performed” as used in subdivision (6) of section 170 of the Domestic Relations Law and misapplies the rules governing summary judgment, I respectfully dissent.

The legislative policy not to continue so-called “dead marriages” having been conditioned by the requirement; that “satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement”, summary judgment awarding a conversion divorce is impermissible unless…