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MARSHALL v. MARSHALL

216 A.D.2d 130 (1995)

629 N.Y.S.2d 203

Burton Marshall, Appellant, v. Theda Marshall, Respondent

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

June 20, 1995

The parties were divorced in 1990. Incorporated, but not merged, into the judgment of divorce was a separation agreement, dated November 27, 1989, which requires, among other things, that plaintiff make certain support payments to defendant. Pursuant to this agreement, its terms may not be modified, rescinded or amended unless in writing signed by the parties. The separation agreement has never been modified in writing or by court...

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