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Lamberson v. Lamberson

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 601 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Suffolk County (Baisley, J.).


Ordered that the order is affirmed, without costs or disbursements.

The appellant former husband failed to demonstrate that the continuation of his stipulated maintenance obligation has caused him to suffer "extreme hardship" (Domestic Relations Law § 236 [B] [9] [b]). Therefore, the court correctly denied his motion to eliminate his obligation (Praeger v. Praeger, 162 A.D.2d 671; Gerringer v. Gerringer, 152 A.D.2d 652; Koch v. Koch, 134 A.D.2d 574). Rather, since the parties' agreement, including the former husband's obligation to pay the former wife $100 per week for life, is unambiguous and was lawful when made, there being no claim of overreaching or unconscionability (see, Christian v Christian, 42 N.Y.2d 63; Ferro v. Bologna, 31 N.Y.2d 30), the stipulation shall be enforced.

We have reviewed the former husband's remaining contentions and find them to be without merit. Miller, J.P., Joy, Altman and Goldstein, JJ., concur.


Summaries of

Lamberson v. Lamberson

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 601 (N.Y. App. Div. 1994)
Case details for

Lamberson v. Lamberson

Case Details

Full title:RITA LAMBERSON, Respondent, v. DANE LAMBERSON, Appellant

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 601 (N.Y. App. Div. 1994)
618 N.Y.S.2d 236

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