McCABE v. O'ROURKE


305 A.D.2d 129 (2003)

757 N.Y.S.2d 753

CHRISTINE McCABE, Respondent, v. CHRISTOPHER O'ROURKE, Appellant.

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

Decided May 1, 2003.


It appears that after the parties consented on the record to the entry of divorce judgment incorporating their separation agreement, circumstances changed so as to make inappropriate the agreement's joint custody provision insofar as it provided that the child's primary residence was to be with plaintiff. It further appears that before signing the judgment of divorce incorporating the separation agreement, Supreme Court ascertained that plaintiff agreed that the child's primary...

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