Robinson v. Robinson

Appeal from an order of the Supreme Court (Fischer, J.), entered August 19, 1986 in Cortland County, which, inter alia, denied plaintiff’s motion to dismiss defendant’s counterclaim for custody of the parties’ child.

In 1982, the parties obtained a New York divorce which incorporated, but did not merge, a 1979 written separation agreement. Custody of their only child was given to plaintiff, who in 1979 permanently relocated with the child from Cortland County to Florida. Plaintiff commenced this New York action in 1984 to recover arrearages in support payments. Defendant’s answer asserted that…