DAVIS v. DAVIS

305811/15, 3683N, 3682.

149 A.D.3d 483 (2017)

2017 NY Slip Op 02765

49 N.Y.S.3d 893

BRUCE T. DAVIS, Appellant, v. PAMALA DAVIS, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 11, 2017.


The motion court correctly determined that the wife did not waive pendente lite relief. While, in the parties' 2005 postnuptial agreement, the husband explicitly waived his right "to permanent or temporary maintenance ... or other permanent or temporary support," the wife's waiver provision does not contain the same language, and does not clearly reflect the parties' intent that she waive any temporary relief (see Lennox v Weberman, 109 A.D.3d 703...

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