MELNICK v. MELNICK


211 A.D.2d 521 (1995)

621 N.Y.S.2d 64

Ann Melnick, Respondent, v. Steven Melnick, Appellant

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

January 19, 1995


We reject defendant-husband's claim that he should not be bound by the default provision of the parties' negotiated stipulation agreement whereby he agreed that, if he defaulted on his maintenance obligations, then all future-scheduled maintenance payments would become immediately due to plaintiff-wife. We find nothing unconscionable about this provision under the circumstances present here: the defendant is a sophisticated, successful businessman, with a history of nonpayment...

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