Smith v. Smith

Crew III, J. Appeal from an order of the Supreme Court (Dier, J.), entered November 1, 1995 in Warren County, which denied plaintiff’s motion to terminate his maintenance obligation.

In October 1985, the parties entered into an oral stipulation, pursuant to the terms of which plaintiff agreed to make monthly maintenance payments to defendant until the occurrence of certain specified events, including defendant’s cohabitation with another man. This stipulation was incorporated, but not merged, into the parties’ subsequent judgment of divorce. In August 1995 plaintiff, believing that defendant…