Pensavalle v. Pensavalle

• Court: New York Supreme Court Appellate Division
• Writing for the Court: THOMPSON
• Citation: 594 N.Y.S.2d 637,190 A.D.2d 783
• Parties: Barbara PENSAVALLE, respondent, v. Alfred PENSAVALLE, appellant.
• Decision Date: 16 February 1993

Page 637

594 N.Y.S.2d 637 190 A.D.2d 783 Barbara PENSAVALLE, respondent,
v.
Alfred PENSAVALLE, appellant. Supreme Court of New York, Appellate Division,
Second Department. February 16, 1993

Philip F. Alba, P.C., West Islip (Joseph C. Leshen, of counsel), for appellant. Joseph B. Gagliardo, P.C., Ronkonkoma, for respondent.

In a matrimonial action in which the parties were divorced by judgment dated October 8, 1981, the defendant appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), entered August 3, 1990, which, inter alia, awarded the plaintiff (1) the sum of $23,400 as and for accrued maintenance arrears, and (2) the sum of $12,000 as and for reimbursement of expenses for fuel oil. [190 A.D.2d 784] ORDERED that the order is affirmed, with costs. The Supreme Court properly construed the pertinent provisions of the parties' separation

Page 638

agreement and we agree that the plaintiff was entitled to enforce the defendant's obligations to pay maintenance and provide fuel oil to the former marital premises (see, Sypek v. Sypek, 130 Misc.2d 796, 497 N.Y.S.2d 850). There is no merit to the defendant's claim that the plaintiff waived her right to enforce those obligations (see, Mitchell v. Mitchell, 170 A.D.2d 585, 566 N.Y.S.2d 361; Thompson v. Lindblad, 125 A.D.2d 460, 509 N.Y.S.2d 389).

THOMPSON, J.P., and ROSENBLATT, MILLER and RITTER, JJ., concur.