Appellate Division of the Supreme Court of the State of New York March 2, 1981 (Jerman v. Jerman)

In an action, inter alia, for a money judgment for arrears due under the escalation clause of the parties’ separation agreement, incorporated but not merged into a decree of divorce, defendant appeals from a judgment of the Supreme Court, Suffolk County, entered June 18, 1980, which, after a hearing, fixed *826arrears and awarded plaintiff a counsel fee.