AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of CAROL B., Appellant, v. SANFORD B., Respondent.

Family Court properly determined that, under the plain terms of the separation agreement, which was incorporated but not merged into the judgment of divorce, the father owed no additional support payments. In any event, for more than 17 years after the separation agreement was executed, the mother accepted the father's support payments without raising any objections. The parties course of conduct under a contract is persuasive evidence of their agreed intention ( see Federal Ins. Co. v Americas Ins. Co., 258 AD2d 39, 44). In view of the foregoing, we need not address the mother's remaining contention that the 20-year statute of limitations in CPLR 211 (e) applies, not the six-year statute in CPLR 213 (1).

Use AI to get other relevant cases.

Comments

CAROL v. SANFORD
(Sep 30, 2008)