CAHN v. WALLACE SQUIRES


35 A.D.3d 335 (2006)

824 N.Y.S.2d 728

ELIZABETH A. CAHN, Respondent, v. GREGG WALLACE SQUIRES, Appellant.

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

Decided December 5, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

On March 9, 2004, the parties entered into a stipulation of settlement which was incorporated, but not merged, into a judgment of divorce. The provision in question provided, inter alia, that the defendant could pay the plaintiff the sum of $29,000 for her interest in the former marital residence (hereinafter premises) or, if the defendant did not pay the sum by a date certain, the parties would...

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