ZEMBENSKI v. DEMATTEO


261 A.D.2d 471 (1999)

690 N.Y.S.2d 123

PATRICIA ZEMBENSKI, Appellant, v. KENNETH DEMATTEO, Respondent.

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

Decided May 10, 1999.


Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action in 1993 to enforce the child support escalation provision of a separation agreement executed by the parties on April 19, 1977. However, in 1983 the parties entered into a stipulation which modified the amount of the defendant's child support obligation, and did not mention the child support escalation provision contained in the April 19, 1977, agreement. After trial, the Supreme...

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