Gold v. Gold

Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Smyk, J.), entered April 19, 1989 in Broome County, which denied plaintiffs motion for summary judgment and partially granted defendant’s motion for summary judgment.

After nine years of marriage, the parties divorced. A separation agreement, which had been executed several months earlier, was incorporated but not merged into the divorce decree; the divorce was granted on grounds of cruel and inhuman treatment. Pursuant to the separation agreement, defendant had exclusive occupancy of the marital home and received support payments…