Fragin v. Fragin
Opinion of the Court
In a matrimonial action in which the parties were divorced by judgment dated October 23, 1995, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), dated August 7, 2009, as denied that branch of his motion which was to enforce certain provisions of the parties’ separation agreement dated September 21, 1995, which was incorporated but not merged into the judgment of divorce, regarding the payment of basic graduate school expenses for the parties’ two older emancipated children.
Ordered that the order is affirmed insofar as appealed from, with costs.
Although we affirm the order of the Supreme Court, we do so on a ground different from that articulated by that court, as only actions are subject to a six-year statute of limitations pursuant to CPLR 213 (2). Here, that branch of the defendant’s motion which was to enforce the parties’ separation agreement is not subject to a statute of limitations defense.
“When interpreting a contract, such as a separation agreement, the court should arrive at a construction that will give fair meaning to all of the language employed by the parties to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.