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GARDNER v. ZAMMIT

760 CA 20-00192.

191 A.D.3d 1294 (2021)

141 N.Y.S.3d 590

2021 NY Slip Op 00707

James A. Gardner, Appellant, v. Whitney Allyson Zammit, as Personal Representative of the Estate of Kate Righter Gardner, Deceased, Respondent.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

JAMES P. RENDA , BUFFALO, FOR PLAINTIFF-APPELLANT.

ROBSHAW & VOELKL, WILLIAMSVILLE, LAW OFFICE OF BARBARA A. KILBRIDGE, BUFFALO ( BARBARA A. KILBRIDGE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present— Whalen, P.J., Centra, Peradotto, Lindley and Bannister, JJ.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: On a prior appeal, we determined that the Separation and Property Settlement Agreement (settlement agreement) between plaintiff and defendant's decedent, which was incorporated but not merged into a judgment of divorce, unequivocally provided that the maintenance payments to plaintiff were intended to survive decedent's death and become an obligation of her estate (Gardner...

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