Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
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

Melissa PERES, appellant, v. Michael PERES, respondent.

REINALDO E. RIVERA


Myerowitz, Jeffrey & Glidden, New City, N.Y. (Michael J. Glidden of counsel), for appellant. Eric Ole Thorsen, New City, N.Y., for respondent.
REINALDO E. RIVERA, J.P., DANIEL D. ANGIOLILLO, CHERYL E. CHAMBERS and SHERI S. ROMAN, JJ.



In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated November 28, 2011, which, upon a decision of the same court dated October 21, 2011, granted the defendant's motion to compel arbitration before a rabbinical court.

ORDERED that the order is reversed, on the law, with costs, and the defendant's motion is denied.

“When the terms of a written contract are clear and unambiguous, the intent of the parties must be found within the four corners of the contract, giving practical interpretation to the language employed and the parties' reasonable expectations” ( Franklin Apt. Assoc., Inc. v. Westbrook Tenants Corp., 43 A.D.3d 860, 861, 841 N.Y.S.2d 673;see Correnti v. Allstate Props., LLC, 38 A.D.3d 588, 590, 832 N.Y.S.2d 594). “ ‘Thus, a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms' ” ( United Mgt. Admin. & Mktg. Servs., Inc. v. Interstate Natl. Dealer Servs., Inc., 102 A.D.3d 766, 766, 958 N.Y.S.2d 192, quoting Willsey v. Gjuraj, 65 A.D.3d 1228, 1230, 885 N.Y.S.2d 528 [internal quotation marks omitted] ).

Under the circumstances of this case, the plaintiff complied with the terms of the parties' settlement agreement and was therefore entitled to seek relief in the Supreme Court ( see generally United Mgt. Admin. & Mktg. Servs., Inc. v. Interstate Natl. Dealer Servs., Inc., 102 A.D.3d at 766, 958 N.Y.S.2d 192;Willsey v. Gjuraj, 65 A.D.3d at 1230, 885 N.Y.S.2d 528;Franklin Apt. Assoc., Inc. v. Westbrook Tenants Corp., 43 A.D.3d at 861, 841 N.Y.S.2d 673). Accordingly, the Supreme Court should have denied the defendant's motion to compel arbitration before a rabbinical court.

The plaintiff's remaining contentions either need not be reached in light of our determination, or are not properly before this Court.

Use AI to get other relevant cases.

Comments

Peres v. Peres
(Mar 20, 2013)