Civil Procedure · MBE-tested

Lisa Linder, Respondent, v. Ronald M. Linder, Appellant

297 A.D.2d 711748 N.Y.S.2d 599·New York Supreme Court, Appellate Division·2002·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Lisa Linder, Respondent, v Ronald M. Linder, Appellant. [748 NYS2d 599] [MAJORITY] A party seeking downward modification of the child support terms of a stipulation of settlement must establish an unanticipated and unreasonable change in circumstances, and also must establish that such change was substantial (see Praeger v Praeger, 162 AD2d 671). The Supreme Court providently exercised its discretion in denying that branch of the defendant’s motion which was for downward modification. Even assuming the defendant, a medical doctor, is unable to perform surgery, the defendant did not establish that he diligently sought employment commensurate with his qualifications and experience (see Yepes v Fichera, 230 AD2d 803). The defendant’s remaining contentions are without merit. Santucci, J.P., Schmidt, Townes and Cozier, JJ., concur.