Stillman v. Stillman

CourtNew York Supreme Court Appellate Division
Citation247 N.Y.S.2d 569,20 A.D.2d 723
Decision Date17 February 1964
PartiesPhyllis STILLMAN et al., Appellants, v. Sheldon STILLMAN, Respondent.

Page 569

247 N.Y.S.2d 569
20 A.D.2d 723
Phyllis STILLMAN et al., Appellants,
v.
Sheldon STILLMAN, Respondent.
Supreme Court, Appellate Division, Second Department.
Feb. 17, 1964.

Page 570

Sharf, Mackell & Hellenbrand, Kew Gardens, for appellants; Edward Sharf, Kew Gardens, of counsel.

Cornelius Bregoff, St. George, Staten Island, for respondent; Reuben E. Gross, Staten Island, of counsel.

Before [20 A.D.2d 724] KLEINFELD, Acting P. J., and CHRIST, BRENNAN, HILL and RABIN, JJ.

MEMORANDUM BY THE COURT.

[20 A.D.2d 723] In an action for specific performance of provisions of a separation agreement providing that the defendant should procure and maintain in full force and effect two 20-year payment life insurance policies in specified amounts and with specified conditions, the plaintiffs appeal from so much [20 A.D.2d 724] of a judgment of the Supreme Court, Richmond County, entered May 1, 1963 upon the decision of the court after a nonjury trial, as: (1) granted specific performance to the extent that defendant was directed to procure and maintain a policy or policies of term life insurance in lieu of the 20-year payment life insurance provided for in the agreement; and (2) denied costs to the plaintiffs.

Judgment modified, on the law and facts as follows: (1) by amending the first decretal paragraph so as to direct the defendant to procure and furnish to the plaintiffs, instead of term insurance policies, two policies of 20-payment life insurance, each for $10,000, as prescribed in paragraph 'Sixteenth' of the separation agreement, dated March 1, 1960; and (2) by striking out the second and third decretal paragraphs. As so modified, judgment, insofar as appealed from, is affirmed without costs.

Page 571

Such 20-payment life policies, as directed by the judgment as here modified, shall be procured by the defendant and furnished to plaintiffs within 40 days after entry of the order hereon.

Finding of fact No. 8 is reversed. In lieu thereof the following additional findings are made:

'(10) That the defendant, by reason of the change in his finances since the separation agreement, offered prior to the trial to substitute term insurance policies instead of 20-payment life insurance policies in the total amount of $20,000, payable to his two children; but that such offer was rejected by the plaintiffs.

'(11) That despite the change in defendant's finances since the separation agreement, he is presently able to procure 20-payment life...

To continue reading

Request your trial
7 practice notes
  • Waxstein v. Waxstein
    • United States
    • United States State Supreme Court (New York)
    • July 28, 1976
    ...v. Stoddard, 227 N.Y. 13, 20-21, 124 N.E. 91, 93-94; Goldman v. Goldman, supra, 282 N.Y. p. 300, 26 N.E.2d p. 267; Stillman v. Stillman, 20 A.D.2d 723, 724, 247 N.Y.S.2d 569, 571 (2d Dept.)). Where the terms of the agreement are clear and unambiguous the intent of the parties must be found ......
  • Sterling v. Sterling
    • United States
    • Court of Appeals of Arizona
    • August 22, 2013
    ...to enforce the insurance maintenance provision of the [settlement] agreement by an order of specific performance"); Stillman v. Stillman, 20 A.D.2d 723, 723 (N.Y. App. Div. 1964) (holding that Wife was entitled to specific performance on insurance provisions made by Husband for her benefit ......
  • Alexandre v. Davis
    • United States
    • United States State Supreme Court (New York)
    • January 19, 1976
    ...while he was paying for all of his sons' boarding school expenses ignores the express language of the agreement. (Stillman v. Stillman, 20 A.D.2d 723, 247 N.Y.S.2d 569). As stated in Nichols v. Nichols, 306 N.Y. 490 at p. 496, 119 N.E.2d 351 at p. "The first and best rule of construction of......
  • Smiley v. Melnick
    • United States
    • United States State Supreme Court (New York)
    • April 11, 1968
    ...is firmly established that a court may not modify or change a private contract such as a separation agreement.' (Stillman v. Stillman, 20 A.D.2d 723, 724, 247 N.Y.S.2d 569, 571.) As the Court of Appeals stated in Nichols v. Nichols, 306 N.Y. 490, 496, 119 N.E.2d 351, 353: 'The first and bes......
  • Request a trial to view additional results
7 cases
  • Waxstein v. Waxstein
    • United States
    • United States State Supreme Court (New York)
    • July 28, 1976
    ...v. Stoddard, 227 N.Y. 13, 20-21, 124 N.E. 91, 93-94; Goldman v. Goldman, supra, 282 N.Y. p. 300, 26 N.E.2d p. 267; Stillman v. Stillman, 20 A.D.2d 723, 724, 247 N.Y.S.2d 569, 571 (2d Dept.)). Where the terms of the agreement are clear and unambiguous the intent of the parties must be found ......
  • Sterling v. Sterling
    • United States
    • Court of Appeals of Arizona
    • August 22, 2013
    ...to enforce the insurance maintenance provision of the [settlement] agreement by an order of specific performance"); Stillman v. Stillman, 20 A.D.2d 723, 723 (N.Y. App. Div. 1964) (holding that Wife was entitled to specific performance on insurance provisions made by Husband for her benefit ......
  • Alexandre v. Davis
    • United States
    • United States State Supreme Court (New York)
    • January 19, 1976
    ...while he was paying for all of his sons' boarding school expenses ignores the express language of the agreement. (Stillman v. Stillman, 20 A.D.2d 723, 247 N.Y.S.2d 569). As stated in Nichols v. Nichols, 306 N.Y. 490 at p. 496, 119 N.E.2d 351 at p. "The first and best rule of construction of......
  • Smiley v. Melnick
    • United States
    • United States State Supreme Court (New York)
    • April 11, 1968
    ...is firmly established that a court may not modify or change a private contract such as a separation agreement.' (Stillman v. Stillman, 20 A.D.2d 723, 724, 247 N.Y.S.2d 569, 571.) As the Court of Appeals stated in Nichols v. Nichols, 306 N.Y. 490, 496, 119 N.E.2d 351, 353: 'The first and bes......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT