MASTROGIACOMO v. MASTROGIACOMO


133 A.D.2d 671 (1987)

Leonard Mastrogiacomo, Appellant, v. Helene R. Mastrogiacomo, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 13, 1987


Ordered that the order is affirmed, with costs.

The trial court did not err in denying, without a hearing, the husband's motion pursuant to Domestic Relations Law § 236 (A) (1) and § 248 to modify the judgment of divorce and the separation agreement, which was incorporated but not merged therein, so as to delete the requirement that he pay alimony and the medical expenses of the wife. The husband may challenge the separation agreement only by means of a...

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