Bellcourt v. Bellcourt

Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Kahn, J.), entered January 23,1990 in Albany County, which, inter alia, denied defendant’s motion to vacate a default judgment entered against him.

In a 1979 separation agreement, later incorporated but not merged into the parties’ divorce decree, defendant undertook to pay plaintiff $20,000 per year in permanent maintenance. Thereafter, a disabling illness forced defendant to retire from the practice of law. When he failed to . meet his maintenance obligation, plaintiff sued and defendant, in his answer, counterclaimed for a downward…