Costley v. Martin

Appeals from two orders of the Supreme Court (Mulvey, J.), entered July 5, 2002 and January 7, 2003 in Tioga County, which denied defendant’s motions for summary judgment dismissing the complaint.

*1125By separation agreement dated February 26, 1991, the parties agreed that defendant would pay weekly child support in the amount of $150 for their two children, that no oral modifications would be permitted and that a waiver of any provision would not be deemed a continuing waiver. Their May 1991 judgment of divorce incorporated, but did not merge, this agreement.

In June 1993, the parties amended this…