PERRY v. PERRY


13 A.D.3d 508 (2004)

787 N.Y.S.2d 105

STEVEN PERRY, Respondent, v. MARY DERWIN PERRY, Appellant.

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

December 20, 2004.


Ordered that the order is affirmed, with costs.

On July 31, 2001, the parties entered into a stipulation of settlement (hereinafter the stipulation) of the matrimonial action. Under the stipulation, if the defendant was not able to buy out the interest of the plaintiff in the former marital residence (hereinafter the house) by November 1, 2001, then the house was to be sold and the proceeds divided evenly. The defendant contends that the stipulation was modified by...

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