Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

DIVITO v. DIVITO

Appellate Division of the Supreme Court of New York, Second Department.
Nov 18, 2008
Important Paras
Please sign up to view Important Paras.

The defendant failed to establish, prima facie, that continued enforcement of his maintenance obligation pursuant to a stipulation of settlement incorporated but not merged in the judgment of divorce would create an extreme hardship ( see Domestic Relations Law ยง 236 [B] [9] [b]; Mahato v Mahato, 16 AD3d 386; cf. Lewis v Lewis, 43 AD3d 462, 463). His remaining contentions are either without merit ( see Costantino v Costantino, 225 AD2d 651) or not properly before this Court ( see Sloboda v Sloboda, 24 AD3d 533).