Lopata v. Lopata

Judgment, Supreme Court, New York County (David Saxe, J.), entered December 8, 1992, awarding plaintiff maintenance arrears against defendant, unanimously affirmed, without costs. Defendant’s appeal from the order entered November 27, 1992, granting plaintiff’s motion for summary judgment is unanimously dismissed as subsumed within the appeal from the judgment, without costs.

In light of the separation agreement providing for termination of support and maintenance only upon plaintiff’s remarriage, defendant’s assertion that he saw the personal effects of a man in plaintiff’s apartment, and his…