TERIAN v. TERIAN


211 A.D.2d 538 (1995)

621 N.Y.S.2d 69

Colleen Terian, Respondent, v. Peter Terian, Appellant

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

January 24, 1995


There is no merit to defendant's argument that plaintiff's cause of action for breach of the stipulation of settlement did not include a claim that the defendant had failed to maintain the required life insurance policy, such claim having been clearly set forth in both plaintiff's notice to cure dated November 16, 1990 and the verified complaint. Inasmuch as defendant admits that he allowed the policy to lapse and did not reinstate it until after plaintiff commenced these...

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