DIERNA v. DIERNA


11 A.D.3d 426 (2004)

782 N.Y.S.2d 784

CAMILLE DIERNA, Respondent, v. JOSEPH DIERNA, Appellant.

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

October 4, 2004.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to direct the defendant to pay the plaintiff 50% of the boarding school costs of the parties' daughter and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the defendant.

Under the terms of the separation agreement entered into between the parties in November 2002, the...

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