Opinion
November 21, 1989
Appeal from the Supreme Court, New York County (Ethel B. Danzig, J.).
Plaintiff moved, by order to show cause, for entry of a money judgment for arrears allegedly due under a July 13, 1979 separation agreement which had not been incorporated into a judgment of divorce entered on November 13, 1981. The divorce judgment stated only that the separation agreement survived the judgment. Because the separation agreement was not incorporated into the divorce judgment, plaintiff could not seek to enforce the agreement pursuant to Domestic Relations Law § 244, which authorizes enforcement of a separation agreement which has been incorporated into a divorce judgment. (Baker v Baker, 66 N.Y.2d 649.)
Concur — Murphy, P.J., Sullivan, Carro, Milonas and Smith, JJ.