Hermine Leventhal - Page 24




                                        - 24 -                                          
          life or other unspecified insurance.9  We thus conclude that                  
          insurance payments of $6,724 in 1990 and $7,471 in 1991 for                   
          coverage of the marital home10 were made “under” the written                  
          separation agreement embodied in the June 1 letters; the                      
          remaining insurance payments were not.                                        
          Were the Payments to Third Parties Received “on Behalf of”                    
          Hermine?                                                                      
               Rule 91(a) contemplates stipulations of matters “[involving]             
          fact or opinion or the application of law to fact.”  Rule 91(e)               
          provides generally that a stipulation shall be treated as a                   
          conclusive admission by the party to it which the party is not                
          permitted to qualify, change or contradict.  Hermine has                      
          stipulated that the payments to third parties at issue in this                
          case were “on Hermine’s behalf”; she is therefore generally                   
          precluded from qualifying or contradicting that stipulation.  See             
          id.  However, where the Court finds that a stipulation is plainly             
          contrary to the facts revealed by the record, the Court is                    
          justified in disregarding the stipulation.  See Jasionowski v.                


               9  We note in this regard the likelihood, in the context of              
          the record, that some of the generically described insurance                  
          payments were for insurance covering the automobile Harvey was                
          providing for Hermine.                                                        
               10  While a portion of the homeowner policy premiums for the             
          marital home represented extra coverage for “jewelry and furs”,               
          we conclude that insurance for such high value contents fairly                
          falls within the terms of “normal and usual expenses of                       
          maintenance and operation” of a residence.                                    





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011