Legal Opinion

Bowmer v. Bowmer

New York Court of Appeals

Decided May 1, 1980PublishedCited by 49 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

Confronting in this case the increasingly common use of arbitration in the context of a dispute between former *292spouses, we hold that a separation agreement’s broadly worded arbitration clause, which additionally draws attention to matters specifically made arbitrable elsewhere in the agreement, does not confer authority upon the arbitrator to pass on the husband’s claim that changed circumstances warranted a downward modification of the agreement’s support provisions.

After nearly 17 years of marriage, in April of 1972 John and Dorothy Bowmer entered into a…

2Cases cited28 opinions

  1. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
  2. Goldman v. GoldmanNew York Court of Appeals · 1940
  3. In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
  4. Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
  5. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942

23 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Norris v. CooperNew York Court of Appeals · 1984
  2. Avitzur v. AvitzurNew York Court of Appeals · 1983
  3. U.S. Bank Trust National Ass'n v. American Airlines, Inc. (In re AMR Corp.)United States Bankruptcy Court, S.D. New York · 2013
  4. Williams v. Shearson Lehman Bros., Inc.Court of Civil Appeals of Oklahoma · 1995
  5. State v. Philip Morris Inc.New York Court of Appeals · 2007

44 more not listed; retrieve them via the Exa API.

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