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Cunningham v. Cunningham

Appellate Division of the Supreme Court of New York, First Department
Jan 10, 1991
169 A.D.2d 451 (N.Y. App. Div. 1991)

Opinion

January 10, 1991

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


Whether an emancipation event occurred was an issue properly determinable upon a mistake of fact proceeding (Zuckerman v Zuckerman, 154 A.D.2d 666). As separation agreements are subject to the same rules of contract construction and interpretation as other agreements (Matter of Baker v Baker, 33 A.D.2d 812), the court properly considered the plain meaning of the agreement in treating each of the specified "Emancipation Events" as separate and independent (22 N.Y.2d Jur 2d, Contracts, § 188, at 22). Thus, the 18-year-old son's voluntary termination of his permanent residence with his mother constituted an emancipation event, triggering a reduction in defendant's maintenance obligation. The court also properly imposed a sanction of counsel fees upon plaintiff for frivolous conduct consisting of outright misrepresentation in respect to the motion for reargument when, on the original motion, plaintiff clearly waived the relief of a proffered hearing and insisted that the court proceed solely upon the papers submitted (Rules of Chief Administrator of Courts, 22 NYCRR 130-1.1).

Concur — Sullivan, J.P., Milonas, Rosenberger, Wallach and Smith, JJ.


Summaries of

Cunningham v. Cunningham

Appellate Division of the Supreme Court of New York, First Department
Jan 10, 1991
169 A.D.2d 451 (N.Y. App. Div. 1991)
Case details for

Cunningham v. Cunningham

Case Details

Full title:JOANN CUNNINGHAM, Appellant, v. DENNIS CUNNINGHAM, Respondent

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

Date published: Jan 10, 1991

Citations

169 A.D.2d 451 (N.Y. App. Div. 1991)
564 N.Y.S.2d 154

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