PESA v. PESA


230 A.D.2d 837 (1996)

646 N.Y.S.2d 558

Carl C. Pesa, Respondent, v. Irene Pesa, Appellant

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

August 19, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant contends that the Supreme Court erred in concluding that she had forfeited her right to maintenance because she had "remarried" as defined by the parties' separation agreement. We disagree. It is well settled that the parties to a matrimonial agreement may condition a husband's obligation to support his wife solely on her refraining from living with another man without the necessity...

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