Lee v. Jacobs

1 Citing case

  1. Matter of Newkirk v. Chaffin

    263 A.D.2d 634 (N.Y. App. Div. 1999)   Cited 1 times

    We further disagree with petitioner's assertion that an award of spousal support which is of indefinite duration is against public policy. We note that petitioner stipulated to the inclusion of this provision in the judgment of divorce and has not demonstrated that he was induced by fraud, overreaching, mistake or duress in agreeing to it. Under these circumstances, we find no reason to set it aside (see, Lee v. Jacobs, 225 A.D.2d 524, 525;Nahlik v. Nahlik, 74 A.D.2d 709, 710). Lastly, inasmuch as the Statute of Limitations applicable to the enforcement of spousal support under the circumstances herein is 20 years (see, CPLR 211 [e]), we reject petitioner's claim that the relief sought by respondent in the cross petition is time barred.