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Kean v. Phelps

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1992
186 A.D.2d 368 (N.Y. App. Div. 1992)

Opinion

October 1, 1992

Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).


Plaintiff's motion to "renew and/or reargue", arguing that the IAS Court had overlooked relevant facts in that prior order, was properly characterized by the IAS Court as one for reargument, the denial of which is not appealable (Charney v North Jersey Trading Corp., 184 A.D.2d 409).

Were we to address the merits, we would agree with the IAS court that the parties' indemnification agreement, when read in conjunction with the separation agreement, absolved plaintiff father of any further duty to support his child, and is therefore repugnant to the public policy of this State mandating a parental duty to support children (Griffin v Griffin, 79 A.D.2d 828, 829; Valdimer v Mount Vernon Hebrew Camps, 9 A.D.2d 900, 901, affd 9 N.Y.2d 21).

Concur — Sullivan, J.P., Carro, Asch and Rubin, JJ.


Summaries of

Kean v. Phelps

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1992
186 A.D.2d 368 (N.Y. App. Div. 1992)
Case details for

Kean v. Phelps

Case Details

Full title:WARREN P. KEAN, Appellant, v. C. PAUL PHELPS et al., Respondents

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

Date published: Oct 1, 1992

Citations

186 A.D.2d 368 (N.Y. App. Div. 1992)

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