EGAN v. O'BRIEN


291 A.D.2d 244 (2002)

736 N.Y.S.2d 871

BARBARA EGAN, Respondent, v. GLENN O'BRIEN, Appellant.

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

Decided February 7, 2002.


Although the parties' marital settlement agreement, entitling plaintiff to the artwork here at issue, by its express terms, was not subject to oral modification, defendant, in opposing plaintiff's motion to compel his turnover of the artwork, contends that the agreement was, in fact, orally modified to permit his retention of the artwork. Defendant's reliance upon the alleged oral modification was properly found unavailing by the motion court. As noted, the agreement was...

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