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Sweeney v. Sweeney

Citations: 250 A.D.2d 834; 672 N.Y.S.2d 799; 1998 N.Y. App. Div. LEXIS 6017

Court: Appellate Division of the Supreme Court of the State of New York; May 26, 1998; New York; State Appellate Court

Narrative Opinion Summary

In a matrimonial action resulting from a divorce judgment on March 13, 1997, the defendant appealed a June 20, 1997 order from the Supreme Court, Suffolk County, which denied his cross motion to purchase the parties' East Hampton property for $191,000 and authorized the plaintiff to execute a sale contract on his behalf. The appellate court affirmed the order without costs or disbursements, concluding that the Supreme Court correctly interpreted the parties' stipulation of settlement as preventing the defendant from making a purchase offer for the property. The court clarified that this interpretation did not constitute a reformation of the stipulation. The appellate court found it unnecessary to address the appellant's other arguments. Judges Friedmann, Goldstein, Florio, and Luciano concurred with the decision.

Legal Issues Addressed

Appellate Review and Consideration of Arguments

Application: The appellate court chose not to address other arguments presented by the appellant.

Reasoning: The appellate court found it unnecessary to address the appellant's other arguments.

Interpretation of Stipulations in Matrimonial Actions

Application: The appellate court affirmed the trial court's interpretation of the stipulation of settlement, preventing the defendant from making a purchase offer for the property.

Reasoning: The appellate court affirmed the order without costs or disbursements, concluding that the Supreme Court correctly interpreted the parties' stipulation of settlement as preventing the defendant from making a purchase offer for the property.

Reformation of Stipulations

Application: The court determined that interpreting the stipulation did not equate to reforming it.

Reasoning: The court clarified that this interpretation did not constitute a reformation of the stipulation.