Legal Opinion
Simmons v. Simmons
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2003PublishedCited by 10 opinions
1Opinion of the Court
—In a matrimonial action in which the parties were divorced by judgment dated January 7, 2002, the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated April 15, 2002, which, in effect, denied his motion for leave to enter his proposed qualified domestic relations order.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
A stipulation is an independent contract which is subject to the principles of contract law (see Dreiss v Dreiss, 258 AD2d 499 [1999]; McWade v McWade, 253 AD2d 798 [1998]). A court should construe a…
2Cases cited3 opinions
- McWade v. McWadeAppellate Division of the Supreme Court of the State of New York · 1998
- Sklerov v. SklerovAppellate Division of the Supreme Court of the State of New York · 1996
- Cuello v. PatelAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by10 opinions
- Hannigan v. HanniganAppellate Division of the Supreme Court of the State of New York · 2008
- Penavic v. PenavicAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Estate of StravinskyAppellate Division of the Supreme Court of the State of New York · 2003
- Ernst v. ErnstAppellate Division of the Supreme Court of the State of New York · 2004
- Maury v. MauryAppellate Division of the Supreme Court of the State of New York · 2004
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