Legal Opinion
Fernandez v. Fernandez
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2000No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed with costs to plaintiff and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in, sua sponte, modifying the judgment of divorce to permit defendant to maintain a new life insurance policy. It is well established that “ [i] nterpretation of an unambiguous contract provision is a function for the court, and matters extrinsic to the agreement may not be considered when the intent of the parties can be gleaned from the face of the instrument” (Teitelbaum Holdings…
2Cases cited6 opinions
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Educational Reading Aids Corp. v. YoungAppellate Division of the Supreme Court of the State of New York · 1991
- Werner v. Katal Country ClubAppellate Division of the Supreme Court of the State of New York · 1996
- Village of Greenwood Lake v. Mountain Lake Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Niggli v. Richlin Machinery, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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3Cited by4 opinions
- Matter of Moreno v. ElliottAppellate Division of the Supreme Court of the State of New York · 2017
- RICCELLI ENTERPRISES, INC. v. STATE OF NEW YORK WORKERS' COMPENSAAppellate Division of the Supreme Court of the State of New York · 2016
- Riccelli Enterprises, Inc. v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2016
- Riccelli Enterprises, Inc. v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2016