MUSSMACHER v. MUSSMACHER

1009 CA 21-00616.

200 A.D.3d 1702 (2021)

161 N.Y.S.3d 601

2021 NY Slip Op 07413

Kathleen M. Mussmacher, Now Known as Kathleen M. Winters, Respondent, v. Richard C. Mussmacher, Appellant. (Appeal No. 2.)

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

NORMAN L. MASTROMORO , BROADALBIN, FOR DEFENDANT-APPELLANT.

KATHLEEN M. WINTERS, PLAINTIFF-RESPONDENT PRO SE.

Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the amount of the award to $52,325.93, plus interest commencing January 7, 2021 and as modified the judgment is affirmed without costs.

Memorandum: Plaintiff wife and defendant husband were divorced by a judgment entered in 1994 in Supreme Court, Fulton County. The judgment of divorce incorporated but did not merge the parties' written stipulation providing that...

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