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Katz v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1986
118 A.D.2d 626 (N.Y. App. Div. 1986)

Opinion

March 10, 1986

Appeal from the Supreme Court, Westchester County (Rosato, J.).


Order affirmed, with costs.

The existence of directly contradictory provisions in the separation agreement between the parties gives rise to an ambiguity (see, Steckler v. Steckler, 78 A.D.2d 818), which may be resolved under the parol evidence rule through consideration of extrinsic evidence (67 Wall St. Co. v. Franklin Natl. Bank, 37 N.Y.2d 245). On the record before it, especially the transcript of the tape recordings of the parties' negotiations, Special Term was justified in concluding that the parties intended that in the event of a purchase of the marital residence by the wife, the husband would be entitled to his entire 50% share of the net equity of the parties in the residence rather than 25% as proposed by the wife. The conclusory allegations of the wife's counsel set forth to discredit the evidence submitted by the husband are not sufficient to raise a triable issue of fact (see, Freedman v. Chemical Constr. Corp., 43 N.Y.2d 260, 264). Lazer, J.P., Rubin, Lawrence and Kooper, JJ., concur.


Summaries of

Katz v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1986
118 A.D.2d 626 (N.Y. App. Div. 1986)
Case details for

Katz v. Katz

Case Details

Full title:IRIS KATZ, Appellant, v. HAROLD KATZ, Respondent

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

Date published: Mar 10, 1986

Citations

118 A.D.2d 626 (N.Y. App. Div. 1986)

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