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ELAINE K. BURN, plfap, v. STEVEN A. BURN, def-res

8839N. ELAINE K. BURN, plfap, v. STEVEN A. BURN, def-res — Tarter Krinsky & Drogin LLP, New York (Debra Bodian Bernstein of counsel), for ap — Hoffman Polland & Furman PLLC, New York (Jennifer R. Deniger of counsel), for res — Order, Supreme Court, New York County (Lori S. Sattler, J.), entered August 10, 2012, which, insofar as appealed from, denied plaintiff wife's motion to hold defendant husband in civil contempt and to compel him to comply with the court's June 2011 order and the parties' separation agreement, unanimously reversed, on the law, without costs, the motion granted, and the matter remanded for a determination of the appropriate punishment for defendant's contempt and plaintiff's counsel fee request.

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8839N. ELAINE K. BURN, plfap, v. STEVEN A. BURN, def-res — Tarter Krinsky & Drogin LLP, New York (Debra Bodian Bernstein of counsel), for ap — Hoffman Polland & Furman PLLC, New York (Jennifer R. Deniger of counsel), for res — Order, Supreme Court, New York County (Lori S. Sattler, J.), entered August 10, 2012, which, insofar as appealed from, denied plaintiff wife’s motion to hold defendant husband in civil contempt and to compel him to comply with the court’s June 2011 order and the parties’ separation agreement, unanimously reversed, on the law, without costs, the motion granted, and the matter remanded for a determination of the appropriate punishment for defendant’s contempt and plaintiff’s counsel fee request.

The parties’ 2003 separation agreement provided that in exchange for waiving her interest in certain distributable property, including defendant’s retirement accounts and his interests in real property worth millions of dollars, plaintiff was to receive maintenance payments from defendant “until the death of the Wife or the death of the Husband.” The agreement was incorporated by reference but not merged into the 2004 judgment of divorce. Plaintiff remarried in July 2011.

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