CENSOR v. CENSOR


28 Misc.2d 702 (1960)

Elsa Censor, Appellant-Respondent, v. Bernard Censor, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

December 8, 1960


Attorney(s) appearing for the Case

Lawrence H. Levinson for appellant-respondent. Jesse Cohen for respondent-appellant.

AURELIO and TILZER, JJ., concur; HOFSTADTER, J. P., dissents.


Per Curiam.

While the contract provides, "This agreement is not to be deemed a reconciliation between the parties and is not intended to change the legal status of the presently existing separation," the fact remains that the parties became reconciled and have lived together and cohabited as husband and wife continuously for a period of six years following the execution of the agreement. Since the agreement clearly provides for a possible separation in the...

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