Legal Opinion
McCarthy v. McCarthy
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995No. Appeal No. 1PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for a termination or downward modification of alimony without conducting a hearing. The parties entered into an oral stipulation awarding plaintiff unallocated alimony and child support of $130 per week and providing that such award would terminate only upon plaintiff’s death, remarriage, or cohabitation with an unrelated male. That stipulation merged into the pre-equitable distribution judgment of divorce.
The party seeking a reduction in alimony must present evidence that there has been a…
2Cases cited5 opinions
- Hermans v. HermansNew York Court of Appeals · 1989
- Brody v. BrodyAppellate Division of the Supreme Court of the State of New York · 1964
- Cooper v. CooperAppellate Division of the Supreme Court of the State of New York · 1992
- Brody v. BrodyNew York Court of Appeals · 1967
- Shipley v. ShipleyAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by7 opinions
- Leroy v. LeroyAppellate Division of the Supreme Court of the State of New York · 2002
- Duerr v. CueninAppellate Division of the Supreme Court of the State of New York · 2001
- Streit v. StreitAppellate Division of the Supreme Court of the State of New York · 1997
- Block v. BlockAppellate Division of the Supreme Court of the State of New York · 2000
- Reynhout v. HuestonAppellate Division of the Supreme Court of the State of New York · 2010
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