LEE v. LEE


244 A.D.2d 643 (1997)

663 N.Y.S.2d 708

Donald R. Lee, Respondent, v. Elizabeth Lee, Appellant

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

November 6, 1997


Mercure, J.

After more than 30 years of marriage, plaintiff commenced this action against defendant for divorce in September 1991. In June 1994, during the trial of the action, plaintiff and defendant entered into an "opting out agreement" pursuant to Domestic Relations Law § 236 (B) in which they, inter alia, agreed to a distribution of their marital property. The agreement, however, did not settle the issue of maintenance. That issue was...

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