Legal Opinion
Howard v. Janowski
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1996PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Petitioner instituted this proceeding pursuant to article 4 of the Family Court Act purporting to enforce a "maintenance” provision in the parties’ "Opting Out Agreement”, which was incorporated but not merged into a judgment of divorce. The agreement contains an acceleration clause, which provides that, if respondent fails to make periodic payments when due, the balance of the payments required under the agreement is immediately due and payable. The Hearing Examiner determined that, because respondent had been late in making payments, the…
2Cases cited5 opinions
- Kleila v. KleilaNew York Court of Appeals · 1980
- Kolar v. KolarNew York City Family Court · 1986
- Lada v. LadaAppellate Division of the Supreme Court of the State of New York · 1995
- Reinhardt v. ReinhardtAppellate Division of the Supreme Court of the State of New York · 1994
- Melnick v. MelnickAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- Lynda A. H. v. Diane T. O.Appellate Division of the Supreme Court of the State of New York · 1998
- John M.S. v. Bonni L.R.Appellate Division of the Supreme Court of the State of New York · 2008
- Gambacorta v. GambacortaAppellate Division of the Supreme Court of the State of New York · 2007
- Rusk County Department of Health & Human Resources v. BakerAppellate Division of the Supreme Court of the State of New York · 2003
- Warner v. WarnerAppellate Division of the Supreme Court of the State of New York · 2012