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WEINER v. WEINER

56 A.D.3d 293 (2008)

EDIE WEINER, Respondent, v. JAY WEINER, Appellant.

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

November 13, 2008.

In general, the law is well established that "a promise not to molest is an independent covenant in a separation agreement" (Borax v Borax, 4 N.Y.2d 113, 115 [1958]). As a result, courts have found that even where former spouses have violated nomolestation clauses, they must continue to receive benefits, such as maintenance, under settlement stipulations containing such clauses (see Cygielman v Cygielman,

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