Dunham v. Dunham

Order unanimously reversed on the law without costs and motion denied. Memorandum: We reject the contention of defendant that reversal is required because Supreme Court modified the parties’ separation agreement after a proceeding commenced by motion, rather than in a plenary action (cf., Frieland v Frieland, 200 AD2d 484). Although it is improper to modify the terms of a separation agreement on motion, where, as here, the determination is made after a "full hearing tantamount to a plenary trial”, it *962is appropriate to "address the merits in the interest of judicial economy” (Gaines v Gaines,…