In Milman v. Milman (131 AD2d 826 [2d Dept 1987]), the plaintiff brought a civil action in the Civil Court of the City of New York, Kings County, to recover arrears under a separation agreement which was incorporated, but not merged, into the judgment of divorce. The Court there held that the action is "one to recover damages for breach of contract, i.e., the separation agreement which creates obligations separate and distinct from the divorce judgment" and therefore the action was properly in the Civil Court. (Milman v. Milman, 131 AD2d 826, 827.)