MAKKOS v. MAKKOS

2414N, 350267/06

71 A.D.3d 563 (2010)

896 N.Y.S.2d 678

LIANA MAKKOS, Respondent, v. THOMAS MAKKOS, Appellant.

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

Decided March 23, 2010.


The parties clearly and unambiguously agreed that defendant would pay $250,000 directly to plaintiff over a period of three years following the execution of their stipulation in 2003. It is undisputed that defendant failed to make these payments. He contends that plaintiff should be equitably estopped from raising that failure because he made voluntary payments to third parties during that period. The court correctly rejected that argument without holding an evidentiary...

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