MacDONALD v. MacDONALD


73 A.D.2d 958 (1980)

Margaret MacDonald, Respondent, v. Thomas A. MacDonald, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 28, 1980


Order affirmed insofar as appealed from, with costs.

Defendant husband, inter alia, sought to modify that portion of a 1975 judgment of divorce which stated that a stipulation between the parties would be incorporated but not merged in the judgment. He based his argument on the fact that the stipulation itself contained no provision for survival. Defendant could have made an attack on that provision of the judgment of divorce had he appealed therefrom (see...

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