HOYT v. HOYT


18 A.D.3d 1055 (2005)

795 N.Y.S.2d 766

VICTORIA V. HOYT, Respondent, v. JONATHAN C. HOYT, Appellant.

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

May 19, 2005.


Mercure, J.P.

As stated in our earlier decision in this matter (307 A.D.2d 621 [2003]), the parties executed a separation agreement in 1990 that included a provision requiring defendant to pay child support. The agreement was incorporated but did not merge into the parties' judgment of divorce, which was entered in July 2000. Plaintiff commenced this action in September 2001 to enforce the separation agreement, alleging that defendant...

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