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Welch v. Welch

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 656 (N.Y. App. Div. 1987)

Opinion

May 18, 1987

Appeal from the Supreme Court, Nassau County (Murphy, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

An action to recover support arrears claimed pursuant to a divorce judgment is governed by the six-year Statute of Limitations (CPLR 213), unless the arrearages have been reduced to a judgment (see, Tauber v. Lebow, 65 N.Y.2d 596; Story v Brady, 114 A.D.2d 1026).

In the case at bar, the plaintiff failed to reduce the arrears which accrued after the parties' divorce to an enforceable judgment. Therefore, any claims for arrears which accrued more than six years before the commencement of this action are barred.

We have reviewed the plaintiff's remaining contentions and have found them to be without merit. Bracken, J.P., Niehoff, Kooper and Sullivan, JJ., concur.


Summaries of

Welch v. Welch

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 656 (N.Y. App. Div. 1987)
Case details for

Welch v. Welch

Case Details

Full title:ELIZABETH WELCH, Appellant, v. HAROLD WELCH, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 18, 1987

Citations

130 A.D.2d 656 (N.Y. App. Div. 1987)

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