Legal Opinion
Howard v. Howard
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 1987PublishedCited by 4 opinions
1Opinion of the Court
In an action for rescission of a separation agreement, the defendant appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), dated May 13, 1987, which denied his motion for summary judgment dismissing the complaint and granting him a conversion divorce on his counterclaim.
Ordered that the order is affirmed, with costs.
Upon a review of the record, we find issues of fact which warrant a trial on the validity of the parties’ separation agreement.
Although we recognize that a conversion divorce may be granted even if enforcement of the financial provisions of the agreement is…
2Cases cited7 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Angeloff v. AngeloffNew York Court of Appeals · 1982
- Picotte v. PicotteAppellate Division of the Supreme Court of the State of New York · 1981
- Russell v. RussellAppellate Division of the Supreme Court of the State of New York · 1982
- Davidoff v. DavidoffAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by4 opinions
- Weinstock v. WeinstockAppellate Division of the Supreme Court of the State of New York · 1990
- Sheridan v. SheridanAppellate Division of the Supreme Court of the State of New York · 1994
- Manes v. ManesAppellate Division of the Supreme Court of the State of New York · 2000
- Peters v. PetersAppellate Division of the Supreme Court of the State of New York · 1989