McCAUGHEY v. McCAUGHEY


205 A.D.2d 330 (1994)

612 N.Y.S.2d 579

Elizabeth McCaughey, Respondent, v. Thomas McCaughey, Appellant

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

June 7, 1994


Plaintiff and defendant were married in 1972 and had three daughters. In 1990, they separated and in 1991, negotiated and executed, with the aid of independent counsel, a separation agreement. Two years later, plaintiff brought this action for divorce and for maintenance, child support, and tuition arrears, further alleging that defendant had defaulted under the agreement. After joinder of issue, plaintiff moved for partial summary judgment on the cause of action for arrears...

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