MISSETT v. MISSETT


191 A.D.2d 349 (1993)

596 N.Y.S.2d 676

Barbara T. Missett, Appellant, v. Joseph V. Missett, Respondent

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

March 23, 1993


While in 1986 we held that summary judgment was premature in this case since, inter alia, no relevant disclosure had taken place (125 A.D.2d 275), we now find that, after completion of discovery, summary judgment is appropriate. It is clear from all the evidence that the parties' separation agreement did not intend that defendant's capital gains distributions, such as the one at issue, be included within the term "earned income"...

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