Legal Opinion

Howard v. Howard

New York Supreme Court

Decided November 16, 1998Published

1Opinion of the Court

OPINION OF THE COURT

Robert S. Rose, J.

In this disposed matrimonial action, the court issued a judg*889ment of divorce based upon the parties’ in-court stipulation of settlement on October 16, 1992. In two places that judgment identified the stipulation as being that “which is annexed hereto and made a part hereof’, but the decretal ordering paragraph stated only that the stipulation “shall survive and not be merged in the judgment of divorce”. There was no incorporation provision, and the “annexed hereto and made a part hereof’ language clearly served only to identify the stipulation and make it…

2Cases cited3 opinions

  1. Baker v. BakerNew York Court of Appeals · 1985
  2. Rothstein v. RothsteinNew York Supreme Court · 1989
  3. Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 1998

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