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Cox v. Cox

May 4, 2010

JOHN R. COX AND PATRICIA M. COX, PLAINTIFFS-APPELLANTS,
v.
VINCENZINA COX AND JOHN R. COX, DEFENDANTS-RESPONDENTS.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FM-15-1702-07-W.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 20, 2010

Before Judges Carchman and Lihotz.

Plaintiffs John R. Cox and Patricia M. Cox, the former parents-in-law of defendant Vincenzina Cox and the parents of her former husband, defendant, also named John R. Cox*fn1 , appeal from an order of the Family Part granting summary judgment to defendant and denying their cross-motion for the same relief. The dispute arose out of the termination provisions of an agreement between plaintiffs and defendant regarding the continued residence of the latter with her four children at a home owned by plaintiffs. Judge Millard concluded that the events causing termination of the agreement had not yet occurred, and defendant was entitled to remain on the premises. We agree with the judge's conclusion and affirm.

The material facts are not in significant dispute. Defendants resided in a home owned by plaintiffs. Appended to defendants' dual judgment of divorce was an agreement entered into between plaintiffs and defendants wherein Vincenzina was permitted to reside rent free with the four children born of the marriage. Three of the four children are now adults and only one of the four children is a minor, now aged 17.

The agreement states in relevant part:

. . . WHEREAS, [Plaintiffs] wish to provide a home for their grandchildren until the happening of any condition as set forth below . . . [Plaintiffs] . . . agree to allow [Defendant] to reside in the aforesaid premises with John, Maria, James and Casandra Cox, the minor grandchildren, . . . [until] the happening of any of the following events:

a) The remarriage of Vincenzina Cox.

b) Regular residence of Vincenzina Cox with any person other than the minor grandchildren.

c) The death of Vincenzina Cox.

d) A change in custody of more than two of the grandchildren.

e) The emancipation of all of the four minor ...


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