MATTER OF WEN v. WEN


304 A.D.2d 897 (2003)

757 N.Y.S.2d 355

In the Matter of LEIGH WEN, Respondent, v. JOHN WEN, Appellant.

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

Decided April 3, 2003.


Lahtinen, J.

The parties, parents of two children, executed a separation agreement in March 1998 that was subsequently incorporated but not merged into a judgment of divorce. The only provision of the agreement addressing the financial obligations of the parties regarding private secondary school tuition provides: "The Husband shall pay 80% of the cost of the tuition for the Albany Boys Academy should he consent to sending the parties' son to said school. The consent...

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