Legal Opinion

Howard v. Howard

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

Decided March 4, 2002PublishedCited by 16 opinions

1Opinion of the Court

In a matrimonial action in which the parties were divorced by judgment dated November 15, 1999, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (McNulty, JJ, dated July 2, 2001, as denied that branch of his motion which was to hold the plaintiff in contempt of court.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A stipulation of settlement is a contract subject to principles of contract interpretation (see, Rainbow v Swisher, 72 NY2d 106). It is the primary rule of construction of…

2Cases cited5 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Chimart Associates v. PaulNew York Court of Appeals · 1986
  3. Rainbow v. SwisherNew York Court of Appeals · 1988
  4. Slamow v. Del ColNew York Court of Appeals · 1992
  5. Slamow v. Del ColAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by16 opinions

  1. Chesapeake Energy Corp. v. Bank of New York Mellon Trust Co., N.A.Court of Appeals for the Second Circuit · 2014
  2. Development Specialists, Inc. v. Peabody Energy Corp.District Court, S.D. New York · 2013
  3. In re East End Development, LLCUnited States Bankruptcy Court, E.D. New York · 2013
  4. Bank Leumi USA v. EhrlichDistrict Court, S.D. New York · 2015
  5. In re Trusts Established Under the Pooling & Servicing Agreements Relating to the Wachovia Bank Commercial Mortg. Trust Commercial Mortg. Pass-Through CertificatesDistrict Court, S.D. Illinois · 2019

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