WILSON v. PENNINGTON


301 A.D.2d 445 (2003)

752 N.Y.S.2d 887

MARGARET WILSON, Respondent, v. ROBERT R. PENNINGTON, Appellant.

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

Decided January 21, 2003.


Although the parties' divorce judgment makes no provision for the payment of maintenance, it expressly continues "jurisdiction over the issue of maintenance," and thus plainly left open the possibility of an award of maintenance in the future. In any event, there is no merit to defendant's argument that maintenance cannot be awarded as a matter of law where none was awarded originally in the divorce judgment (see Wyser-Pratte...

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