BROWN v. CONDZAL

4, 350513/04.

137 A.D.3d 667 (2016)

29 N.Y.S.3d 6

2016 NY Slip Op 02288

MARGARET BROWN, Respondent, v. PAUL F. CONDZAL, Appellant.

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

Decided March 29, 2016.


The parties' marriage was terminated by a judgment of divorce entered in November 2005. Incorporated but not merged into the judgment is the parties' separation agreement, which provides, inter alia, that the parties' sole child is to attend private school and that defendant husband is to bear 100% of the costs of the child's tuition. In 2010, plaintiff wife asserted a cause of action for breach of contract, under the caption and index number of the divorce action, to recover...

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