Judgment reversed, on the law, without costs and disbursements, and action remitted to Trial Term for further proceedings consistent herewith.
On August 3, 1967 the parties executed a separation agreement which, in pertinent part, provided, in the ninth paragraph thereof: "In the event that (whether because of retirement, or at age 65, and thereafter, whichever occurs later, or because of ill health, loss of employment or otherwise at any time) the payments to be...
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