SPARER v. SPARER


227 A.D.2d 613 (1996)

643 N.Y.S.2d 617

Eleanor Sparer, Respondent, v. Sol Sparer, Appellant

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

May 28, 1996


Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The parties, who were once married to each other, entered into a separation agreement on October 16, 1978, and were divorced by a judgment dated April 18, 1979. The plaintiff brought this action to recover maintenance allegedly due pursuant to the separation agreement, which was incorporated but not merged into the judgment.

If proven, an oral modification may constitute...

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