SENDELBACH v. CARAVAGGI


284 A.D.2d 259 (2001)

726 N.Y.S.2d 557

ROSALIE SENDELBACH, Respondent, v. ROBERT CARAVAGGI, Appellant.

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

Decided June 26, 2001.


Defendant argues that plaintiff's claim for maintenance as provided in the parties' 1988 separation agreement is substantially barred by the six-year Statute of Limitations in CPLR 213 (2) governing contract actions. Plaintiff opposes on the ground that the separation agreement was incorporated but not merged in the parties' 1991 divorce judgment and is therefore governed by the 20-year Statute of Limitations in CPLR 211 (e). The separation agreement itself unambiguously...

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