Agreement Providing for Distribution of Marital Property Upheld in Divorce Action
Daily Record (Rochester, NY) › August 12, 2004
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Summary
Where an agreement stipulating the distribution of marital property was not executed before or during the marriage, the contract was enforceable since there was no requirement for the defendant to execute it before the wedding.
In reviewing the Dec. 8, 2003 decision of New York State Supreme Court, Erie County Judge John A. Michalek in Michelle A. Colello v. Eugene G. Colello, the Appellate Division, Fourth Department reversed, denying the plaintiff's motion and granting the defendant's cross motion.See the full content of this document
Extract
Agreement Providing for Distribution of Marital Property Upheld in Divorce Action
The five judge panel hearing the case included Judges Eugene F. Pigott, Jr., Elizabeth W. Pine, L. Paul Kehoe, Salvatore R. Martoche and Leo F. Hayes.
The FactsIn a divorce action brought by the plaintiff, Michelle A. Colello, against the defendant, Eugene G. Colello, the plaintiff alleged an agreement created between the parties which provided fo...See the full content of this document
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