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DENNING v. DENNING

1 A.D.2d 741 (1955)

Frank M. Denning, Respondent, v. Mary O. Denning, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1955

Defendant-appellant does not deny that she has failed to carry out the terms of the separation agreement. She contended that she should not be required to perform according to its terms because plaintiff-respondent has breached the agreement by failing to make certain payments for the support of a child of the marriage and because plaintiff-respondent revoked the agreement by cohabiting with her subsequent to its execution. The record...

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