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Brock v. Sitomer

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1995
212 A.D.2d 409 (N.Y. App. Div. 1995)

Opinion

February 9, 1995

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Plaintiff was the "substantially successful party" and defendants' argument that this action does not arise under the Separation Agreement is without merit. The complaint clearly seeks a declaration of plaintiff's rights under the child support provisions of the amended Separation Agreement, which was incorporated but not merged into the parties' divorce decree, and the August 20, 1993 agreement was executed in anticipation of the settlement of defendant Sitomer's claims thereunder. Accordingly, the parties are bound by the plain language of the amended Separation Agreement, which provides for the payment of attorneys' fees to the substantially successful party (see, Haskin v. Mendler, 184 A.D.2d 372, 373; Canick v. Canick, 122 A.D.2d 767, 769).

Concur — Sullivan, J.P., Wallach, Rubin, Ross and Tom, JJ.


Summaries of

Brock v. Sitomer

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1995
212 A.D.2d 409 (N.Y. App. Div. 1995)
Case details for

Brock v. Sitomer

Case Details

Full title:PETER BROCK, Appellant, v. GALE SITOMER et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 9, 1995

Citations

212 A.D.2d 409 (N.Y. App. Div. 1995)
622 N.Y.S.2d 271

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