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KUSCSIK v. KUSCSIK

Appellate Division of the Supreme Court of New York, Second Department.
Oct 30, 1989

Ordered that the order is affirmed, with costs.

The separation agreement entered into by the parties and incorporated but not merged into the judgment of divorce denominates the defendant's obligation to pay certain carrying charges on the marital residence as "additional child support". The obligation to pay "additional child support" was intended to terminate, along with all other "child support" obligations, when the parties' children attained the age of majority. This is the only construction of the agreement which gives fair meaning to all of the language employed by the parties (Tantleff v Truscelli, 110 A.D.2d 240, affd 69 N.Y.2d 769). Thompson, J.P., Brown, Kunzeman and Rubin, JJ., concur.