From Casetext: Smarter Legal Research

Cooper v. Farrell

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 571 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

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


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Absent special circumstances or voluntary agreement, a parent is not obligated to pay for the cost of a child's private schooling (see, Keehn v Keehn, 137 A.D.2d 493; Benson v Benson, 79 A.D.2d 694). The plaintiff made no claim that special circumstances exist and although the parties agreed by written stipulation modifying a separation agreement that each would pay 50% of the cost of "suitable schooling" for their youngest child, they also thereby set forth that absent "mutual agreement", the defendant "shall have sole and exclusive discretion as to the ultimate and final selection of schooling" for the child.

We agree with the Supreme Court that the plaintiff failed to establish that the parties mutually agreed that their child should attend the private school selected and paid for by the plaintiff, the expenses for which she now seeks 50% reimbursement. The Supreme Court therefore properly determined that the defendant was not obligated by the stipulation to pay for one-half of the cost of that schooling. Bracken, J.P., Kooper, Harwood and Balletta, JJ., concur.


Summaries of

Cooper v. Farrell

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 571 (N.Y. App. Div. 1991)
Case details for

Cooper v. Farrell

Case Details

Full title:ADRIENNE COOPER, Appellant, v. JOHN S. FARRELL, Respondent

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

Date published: Feb 19, 1991

Citations

170 A.D.2d 571 (N.Y. App. Div. 1991)
566 N.Y.S.2d 347

Citing Cases

Verasco v. Verasco

The stipulation provided that "[t]he husband shall be responsible for the payment of the children's day camp…

Matter of Rucks v. Nugent

Respondent has appealed from both the orders of October 22, 1991 and February 4, 1992, contending that it was…