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HAYNES v. HAYNES

2571, 67805/89.

72 A.D.3d 535 (2010)

900 N.Y.S.2d 22

SOPHY P.-Q. HAYNES, Respondent, v. ROBERT B. HAYNES, Individually and as Cotrustee of Trust Created under the Will of EDITH W. HAYNES, Deceased, Appellant. JPMORGAN CHASE, N.A., as Cotrustee of Trust Created under the Will of EDITH W. HAYNES, Deceased, Nonparty.

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

Decided April 20, 2010.

Paragraph 2 (d) of the parties' settlement stipulation, which obliges defendant to pay out of the trust two thirds of tuition increases above $16,380, does not contain any plain language extinguishing defendant's obligation. Had defendant wanted to extinguish his obligation to pay the excess tuition, he could— and should—have done so explicitly (see Ventricelli v DeGennaro, 221 A.D.2d 231...

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