Young v. Young

Order, Supreme Court, New York County (Lewis Friedman, J.), entered April 27,1995, which denied plaintiffs motion for a downward modification of the maintenance that was fixed in a separation agreement incorporated but not merged into the parties’ judgment of divorce, unanimously affirmed, without costs.

The motion was properly denied without a hearing for failure to raise an issue of fact as to whether plaintiff would suffer "extreme hardship” if maintenance provided for in the separation agreement were not modified (Domestic Relations Law § 236 [B] [9] [b]; cf., Wyser-Pratte v Wyser-Pratte,…