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FITZPATRICK v. FITZPATRICK

2014-02738, Index No. 4060/12.

139 A.D.3d 1002 (2016)

33 N.Y.S.3d 338

2016 NY Slip Op 04018

LESLIE MILLER FITZPATRICK, Appellant, v. BRIAN FITZPATRICK, Respondent.

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

Decided May 25, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

A separation agreement that is not merged into a judgment of divorce is a contract subject to principles of contract interpretation (see Matter of Meccico v Meccico, 76 N.Y.2d 822, 823-824 [1990]; Shanon v Patterson, 38 A.D.3d 519 [2007]).

"[P]arties to an agreement may provide for the payment of liquidated...

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