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COSTLEY v. MARTIN

309 A.D.2d 1124 (2003)

766 N.Y.S.2d 244

KATHY COSTLEY, Respondent, v. STEVEN B. MARTIN, Appellant.

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

Decided October 30, 2003.

Peters, J.

By separation agreement dated February 26, 1991, the parties agreed that defendant would pay weekly child support in the amount of $150 for their two children, that no oral modifications would be permitted and that a waiver of any provision would not be deemed a continuing waiver. Their May 1991 judgment of divorce incorporated, but did not merge, this agreement.

In June 1993, the parties amended this...

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