Murphy v. Murphy

Appeal from an order of the Supreme Court at Special Term (Fischer, J.), entered February 18, 1981 in Broome County, which, inter alia, dismissed plaintiff’s complaint. The sole issue on this appeal is whether plaintiff has a cause of action to recover the full amount of child support agreed to in a separation agreement incorporated but not merged in a divorce decree where Family Court has entered orders, upon stipulation of the parties’ counsel, directing support payments in amounts differing from that fixed by the *874separation agreement. Resolution of this issue requires interpretation of the…