ZIPPARO v. ZIPPARO


70 A.D.2d 616 (1979)

Joseph Zipparo, Respondent, v. Britta Zipparo, Appellant

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

May 14, 1979


Order affirmed, without costs or disbursements.

The separation agreement executed by the parties was incorporated, but not merged, into their judgment of divorce. The agreement provided that alimony payments to the wife "shall terminate upon the death or remarriage of the Wife or upon the Wife cohabiting outside the marital relationship and before divorce from the Husband". In a rider to the agreement "cohabiting" was defined as "the regular living together of the...

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