Opinion
November 16, 1995
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
The IAS Court appropriately determined that the parties' New York judgment of divorce is final and binding. While the claim for expert and counsel fees was previously severed, a severed cause of action does not impair the finality of the remaining judgment ( Scarab Equities Corp. v 684 Owners Corp., 216 A.D.2d 43; Grullon v Servair, Inc., 121 A.D.2d 502, lv denied 69 N.Y.2d 608). In any event, in the interim, plaintiff had waived her right to expert and counsel fees, and the court properly declared the issue closed. We have considered defendant's other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.