Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Sherry Klein Heitler, J.).
Defendant's claim that he should be allowed a credit for amounts he has spent as a consequence of the parties' daughter's moving in with him is defeated by the separation agreement itself, which provides for child support payments to be made to plaintiff until February 22, 1997, regardless of the children's residence. The issue of whether defendant is entitled to a credit for 1996 spousal maintenance was decided against him in a prior order from which no appeal was taken, and which therefore constitutes law of the case.
Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.