Makarchuk v. Makarchuk

Memorandum: As we noted when this case previously was before us on appeal (Makarchuk v Makarchuk, 59 AD3d 1094 [2009]), plaintiff commenced this action in 2006 seeking to enforce defendant’s obligation to pay carrying costs, i.e., taxes, insurance, and most of the maintenance costs, on the marital residence pursuant to a separation agreement (agreement) executed by the parties in 1970. The agreement provided that it would “survive any decree of divorce . . . [and would] not merge in[ ] nor be superseded by any divorce decree or judgment.” As we further noted, the decree of divorce entered in…