ARCABASCIO v. ARCABASCIO


48 A.D.3d 606 (2008)

852 N.Y.S.2d 352

GINA MARIE ARCABASCIO, Respondent, v. ANTHONY ARCABASCIO, Appellant.

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

Decided February 19, 2008.


Ordered that the order is affirmed, with costs.

The defendant's contention that he demonstrated his entitlement to reimbursement for alleged overpayments of spousal maintenance is without merit. While the parties' stipulation of settlement authorized the cessation of maintenance payments in the event that the plaintiff engaged in full-time employment for one year, the defendant produced no evidence establishing that she did so. Moreover, even if the plaintiff had...

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