Maki v. Straub

Appeal from an order of the Supreme Court (Duskas, J.), entered February 28, 1990 in St. Lawrence County, which, inter alia, denied plaintiff’s motion for summary judgment.

Plaintiff and defendant were married June 3, 1972 and had two children, one born in 1974 and the other born in 1976. Plaintiff and defendant signed a separation agreement dated March 24, 1980 which was subsequently incorporated but not merged in a divorce decree. The parties modified the agreement on January 27, 1984 whereby plaintiff was to pay defendant $100 a month as child support until the former marital residence was…