Murphy v. Murphy

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered March 22, 2005, which, to the extent appealed from as limited by the brief, granted defendant’s cross motion for an order determining that plaintiff father is obligated to reimburse defendant for his pro rata share of child care expenses in accordance with the parties’ separation agreement, unanimously affirmed, without costs.

Given the pendency of this matrimonial action in which no judgment of divorce has been entered, defendant was not required to institute a separate plenary action to seek enforcement of the parties’…