Suchomski v. Suchomski

Order unanimously reversed, without costs, and matter remitted to Supreme Court Onondaga County, for further proceedings, in accordance with the following memorandum: The parties executed a separation agreement providing, inter alia, that plaintiff husband have sole and exclusive possession of the marital premises for himself and the children and that at his option when and if it is sold, the defendant shall share equally in the proceeds remaining after satisfaction of the existing mortgage. This agreement was incorporated but not merged in a subsequent uncontested divorce decree. The…