GLASS v. GLASS


16 A.D.3d 120 (2005)

791 N.Y.S.2d 15

SUSAN GLASS, Respondent, v. RICHARD GLASS, Appellant.

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

March 1, 2005.


The court incorrectly interpreted the parties' agreement to require defendant to show extreme hardship before he could move for a downward modification of support upon the death of plaintiff's second parent. Such showing is ordinarily necessary before a modification of an award of support may be ordered. But where a judgment of divorce incorporates by reference, but does not merge with, a stipulation of settlement between the parties...

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