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MARSHALL v. ALALIEWIE

304 A.D.2d 1026 (2003)

756 N.Y.S.2d 914

BARBARA MARSHALL, Formerly Known as BARBARA HOULE, Appellant, v. ABDALLATIEF ALALIEWIE et al., Defendants, and RICHARD HOULE, Respondent.

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

Decided April 17, 2003.

Mercure, J.

Plaintiff seeks rescission of a 1998 agreement with defendant Richard Houle amending a 1996 stipulation of settlement, which was incorporated but not merged into plaintiff's and Houle's judgment of divorce.* Plaintiff contends that Houle failed to comply with a provision in the 1998 agreement that she claims required him to pay her $50,000 on May 1, 2001. By notice of motion dated...

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