Spataro v. Spataro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a matrimonial action in which *468the parties were divorced by a judgment entered July 20, 1993, the defendant appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated November 19, 1998, which denied his.motion to vacate the support provisions of the parties’ stipulation of settlement which was incorporated but not merged into the judgment.
Ordered that the order is affirmed, with costs.
The Supreme Court erred in entertaining the defendant’s motion on the merits, as a motion is not the proper vehicle for challenging a separation agreement incorporated but not merged into…
2Cases cited6 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Lambert v. LambertAppellate Division of the Supreme Court of the State of New York · 1988
- Scalabrini v. ScalabriniAppellate Division of the Supreme Court of the State of New York · 1997
- Darragh v. DarraghAppellate Division of the Supreme Court of the State of New York · 1990
- Riley v. RileyAppellate Division of the Supreme Court of the State of New York · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fade v. Pugliani/FadeAppellate Division of the Supreme Court of the State of New York · 2004
- Luisi v. LuisiAppellate Division of the Supreme Court of the State of New York · 2004
- Gartley v. GartleyAppellate Division of the Supreme Court of the State of New York · 2005
- Sloboda v. SlobodaAppellate Division of the Supreme Court of the State of New York · 2005
- Reiter v. ReiterAppellate Division of the Supreme Court of the State of New York · 2007
8 more not listed; retrieve them via the Exa API.