PECORA v. CERILLO


207 A.D.2d 215 (1995)

JoEllen Pecora, Respondent, v. Thomas Cerillo, Appellant, et al., Defendant

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

January 9, 1995


Attorney(s) appearing for the Case

Gerald S. Jacobs, Jericho, for appellant.

A. Charles D'Agostino, White Plains, for respondent.

O'BRIEN, J. P., PIZZUTO and ALTMAN, JJ., concur.


HART, J.

The issue under review, which has not previously come before this Court, is whether a cause of action to recover damages for an alleged violation of a separation agreement may arise if a party to the agreement petitions the court for an increase in previously agreed-upon child support.

FACTUAL BACKGROUND:

The defendant Thomas Cerillo and the plaintiff were formerly husband and wife....

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