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Zahiralis v. Hartman

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 488 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

Appeal from the Supreme Court, Nassau County (Segal, J.).


Ordered that the order is affirmed, with costs.

"It is well settled that a stipulation of settlement entered into by spouses in contemplation of a divorce is a contract subject to principles of contract interpretation" (Bottitta v. Bottitta, 194 A.D.2d 510, 513). Further, "`[w]hen the provisions of a contract are clear and unambiguous, the interpretation thereof is a question of law and effect must be given to the parties' expressed intent'" (Singh v. Dyckman, 202 A.D.2d 412, 413; see also, Locascio v. Mutual of Omaha Ins. Co., 198 A.D.2d 403). Here, based on the plain language of the applicable agreements, the Supreme Court correctly granted relief to the plaintiff.

The defendant's remaining contentions are without merit.

Bracken, J.P., Rosenblatt, Thompson and Krausman, JJ., concur.


Summaries of

Zahiralis v. Hartman

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 488 (N.Y. App. Div. 1997)
Case details for

Zahiralis v. Hartman

Case Details

Full title:KAREN H. ZAHIRALIS, Respondent, v. EVEREIT W. HARTMAN, Appellant

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

Date published: Jun 9, 1997

Citations

240 A.D.2d 488 (N.Y. App. Div. 1997)
659 N.Y.S.2d 780

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