Nopper v. Nopper

Kane, J. (concurring in part and dissenting in part). Although I agree that disbursements were erroneously assessed against the defendant, I would additionally conclude that the entire judgment should be reversed. Plaintiffs action is one in contract for the alleged breach of a separation agreement. While such agreements are subject to ordinary principles of construction and interpretation (cf. Tamas v Tamas, 47 AD2d 686; Matter of Baker v Baker, 33 AD2d 812), the quoted language of the instant contract makes it unambiguously plain that its terms were not to survive a subsequent divorce.…