Legal Opinion

Coccaro v. Coccaro

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 1954PublishedCited by 5 opinions

1Opinion of the Court

Defendant appeals from a judgment directing him to execute and deliver to plaintiff a bargain and sale deed to real property which he had conveyed to her as part of a separation agreement. Judgment unanimously affirmed, without costs. The conveyance of the real property in the separation agreement constituted an executed contract which was not undone, in the absence of intention so to do, by the termination of the separation agreement upon resumption of the conjugal relationship. (6 Williston on Contracts [rev. ed.], § 1742, p. 4932; 2 Sehouler on Marriage, Divorce, Separation and Domestic…

2Cases cited5 opinions

  1. Hunt v. . JohnsonNew York Court of Appeals · 1870
  2. Dudley v. Fifth Avenue Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. Smith v. TerryAppellate Division of the Supreme Court of the State of New York · 1899
  4. Dudley v. . Fifth Avenue Trust CompanyNew York Court of Appeals · 1907
  5. Smith v. . TerryNew York Court of Appeals · 1901

3Cited by5 opinions

  1. In Re the Estate of WilsonNew York Court of Appeals · 1980
  2. Inre the Estate of WhitefordNew York Surrogate's Court · 1969
  3. Zoloto v. ZolotoNew York Supreme Court · 1958
  4. In Re the Estate of WilsonNew York Court of Appeals · 1980
  5. Michael Charles Fries v. Patricia Ann FriesCourt of Appeals of Virginia · 2000

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