Pensavalle v. Pensavalle

CourtNew York Supreme Court Appellate Division
Writing for the CourtTHOMPSON
Citation594 N.Y.S.2d 637,190 A.D.2d 783
PartiesBarbara PENSAVALLE, respondent, v. Alfred PENSAVALLE, appellant.
Decision Date16 February 1993

Page 637

594 N.Y.S.2d 637
190 A.D.2d 783
Barbara PENSAVALLE, respondent,
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).


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