Smith v. Smith

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In 1976 plaintiff obtained a conversion divorce from defendant after living apart from her for one year pursuant to a separation agreement. By the terms of that agreement defendant waived alimony but she was given exclusive possession of the marital home and defendant agreed to pay all taxes, mortgage expenses and carrying charges. In 1979 plaintiff instituted this proceeding seeking an “interpretation” that the payments required of him by the agreement should be reduced as each…