Legal Opinion

Werner v. Werner

New York Supreme Court

Decided March 11, 1998PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Patrick D. Monserrate, J.

Defendant Dr. Donald M. Werner moves to dismiss a portion of plaintiff’s claim as time barred; plaintiff Marie Louise Werner (his former wife) cross-moves to strike defendant’s affirmative defenses and counterclaim and for summary judgment on her complaint.

BACKGROUND

On December 2, 1980 the parties executed a separation agreement and were divorced by decree dated December 4th. The decree specified that the separation agreement would survive it, but not be merged with it. Under the terms of the agreement defendant was to pay to plaintiff “as and for…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Matter of Dox v. TynonNew York Court of Appeals · 1997
  4. Hasbrouck v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1984
  5. Hasbrouck v. City of GloversvilleNew York Court of Appeals · 1984

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3Cited by3 opinions

  1. Long Island Lighting Co. v. AmbroAppellate Division of the Supreme Court of the State of New York · 2002
  2. Whitman v. WhitmanNew York City Family Court · 1999
  3. Lucisano v. LucisanoNew York Supreme Court · 2016

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