Jarvis v. Jarvis

OPINION OF THE COURT

Felice K. Shea, J.

Plaintiff wife moves pursuant to section 240 of the Domestic Relations Law for increased support for the parties’ 25-year-old daughter. Defendant cross-moves to dismiss the motion for failure to state grounds for relief.

Husband and wife were divorced in New York in 1973. The judgment of divorce provides that the parties’ separation agreement dated April 28, 1972 be incorporated by reference and survive the decree. By the terms of the agreement, inter alia, defendant is to pay to plaintiff unallocated alimony and support for herself and the five children…