STEVENS v. STEVENS


11 A.D.3d 791 (2004)

783 N.Y.S.2d 683

LISA A. STEVENS, Respondent, v. MICHAEL J. STEVENS, Appellant.

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

October 21, 2004.


Carpinello, J.

At issue on this appeal is an order of Supreme Court which found defendant in contempt for failing to pay plaintiff, his ex-wife, $19,000 as required by a stipulation of settlement incorporated but not merged into a judgment of divorce. In essence, defendant contends that the disputed $19,000 obligation, first recited as part of an oral, in-court stipulation, was later subsumed by the terms of a subsequent, in-court stipulation. We disagree.

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