FRAGIN v. FRAGIN

2009-08955.

80 A.D.3d 725 (2011)

PATRICE FRAGIN, Respondent, v. GARY FRAGIN, Appellant.

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

Decided January 25, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although we affirm the order of the Supreme Court, we do so on a ground different from that articulated by that court, as only actions are subject to a six-year statute of limitations pursuant to CPLR 213 (2). Here, that branch of the defendant's motion which was to enforce the parties' separation agreement is not subject to a statute of limitations defense.

"When interpreting a contract...

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