Avelluto v. Avelluto

Order, Supreme Court, New York County (Laura Visitacion-Lewis, J.), entered March 7, 2003, which, inter alia, awarded plaintiff temporary maintenance, unanimously affirmed, without costs.

Defendant premises his opposition to the award of temporary maintenance upon a waiver of maintenance provision contained in a stipulation entered into in 1993 in a prior matrimonial action commenced by plaintiff in 1991. However, the parties in executing the stipulation contemplated that a divorce judgment would be entered in the action, but the proposed judgment was never timely submitted and because good…