FRIEDERWITZER v. FRIEDERWITZER


55 N.Y.2d 89 (1982)

Sharon Friederwitzer, Appellant, v. Elliot Friederwitzer, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1982.


Attorney(s) appearing for the Case

Carl D. Bernstein for appellant.

Stanley Lehrer for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur; Judge JONES taking no part.


MEYER, J.

Extraordinary circumstances are not a sine qua non of a change in parental custody of a child, whether the original award of custody is made after plenary trial or by adoption of the agreement of the parties, without contest, and without merging the agreement in the judgment. The more particularly is this so with respect to a judgment governed as is the judgment in this case by rule 699.9 of the...

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