CALDERA v. CALDERA


142 Misc.2d 434 (1988)

Gerald J. Caldera, Petitioner, v. Pierina Caldera et al., Respondents.

Supreme Court, Nassau County.

November 4, 1988


Attorney(s) appearing for the Case

William F. Chimeri for petitioner. Deegan & Scibilla (Marian Rice of counsel), for Pierina Caldera, respondent. Edward T. O'Brien, County Attorney, for Nassau County Department of Social Services, respondent.


BEATRICE S. BURSTEIN, J.

This is apparently a case of first impression involving whether a contested oral agreement can be the basis for a "mistake of fact", as that term is defined in CPLR 5241. For the reasons set forth below, this court finds that it was rational for the Department of Social Services (DSS) to conclude that an alleged oral modification of an order of support cannot give rise to a "mistake of fact", and therefore cannot be employed to...

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