88 A.D.2d 930 | N.Y. App. Div. | 1982
— In an action to recover moneys due for support and maintenance pursuant to the terms of a separation agreement, plaintiff appeals from an order of the Supreme Court, Rockland County (Martin, J.), dated February 18,1981, which denied her motion, inter alia, for summary judgment and granted defendant’s cross motion for leave to serve an amended answer. Order reversed, on the law, with $50 costs and disbursements, motion for summary judgment granted and cross motion denied. The matter is remitted to Special Term for entry of an assessment of the amount due. The amended answer served pursuant to the order appealed from is vacated. The parties executed a written separation agreement in September, 1974, wherein defendant agreed to support plaintiff and their three children in accordance with a detailed, itemized schedule. The agreement contained a provision specifically noting that the practical effect of said agreement and the financial status of the parties had been fully explained to them by their respective counsel,
Although the agreement so recited, it appears that defendant had represented himself.