Sendelbach v. Caravaggi

—Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about August 23, 2000, which, insofar as appealed from, denied defendant’s motion to dismiss as time-barred so much of the complaint as seeks to recover maintenance arrears, unanimously affirmed, without costs.

Defendant argues that plaintiffs claim for maintenance as provided in the parties’ 1988 separation agreement is substantially barred by the six-year Statute of Limitations in CPLR 213 (2) governing contract actions. Plaintiff opposes on the ground that the separation agreement was incorporated but not merged in the…