Mizerik v. Mizerik

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Rubenfeld, J.H.O.), entered August 17, 1989 in Putnam County, upon a decision of the court in favor of defendant.

Plaintiff and defendant were divorced in 1976 pursuant to a judgment which incorporated the parties’ earlier separation agreement, dated March 4, 1975. That agreement provided, inter alia, that plaintiff was to pay defendant weekly maintenance and support and that the marital home was to be sold within one year from the date of the agreement. After…