Polito v. Mack-Polito

The parties entered into a separation agreement which provided, inter alia, that the plaintiff would waive his right to maintenance and equitable distribution. Under the circumstances, there is no question as to the validity of this agreement (see Zambito v Zambito, 171 AD2d 918; Breen v Breen, 114 AD2d 920). Therefore, the plaintiffs rights will not be threatened if the agreement is incorporated into a foreign judgment of divorce (Vanneck v Vanneck, 49 NY2d 602), and the Supreme Court should not have enjoined the defendant from prosecuting the foreign divorce action. Contrary to the…