Determination of the Appellate Term reversed and the order of the Municipal Court modified so as to strike therefrom the provision for the dismissal of the complaint, and a trial of the issues is directed.
Whether the parties intended that the Nevada decree and its subsequent modifications should operate as a merger of the separation agreement and bar its survival of the decree is an issue of fact which should only be determined upon a trial. (Hettich v. Hettich...
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