CASSON v. CASSON


107 A.D.2d 342 (1985)

Joan Casson, Respondent, v. Phillip Casson, Appellant

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

March 12, 1985


Attorney(s) appearing for the Case

Cecile C. Weich of counsel (Arthur Richenthal with her on the brief; Richenthal, Abrams & Moss, attorneys), for appellant.

Irving Heisler of counsel (Klein & Heisler, attorneys), for respondent.

KUPFERMAN, J. P., and BLOOM, J., concur with ROSS, J.; KASSAL, J., dissents in an opinion.


ROSS, J.

The instant appeal raises the issue of whether the doctrine of res judicata should be applied to a determination of the Family Court, which held valid the child support provisions of a separation agreement.

On October 2, 1969, in New York City, plaintiff Joan Moore Casson married defendant Phillip Casson, who is a physician. Thereafter, a daughter, Christina, was born in April 1970. Subsequently, the parties executed a separation agreement...

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