NOPPER v. NOPPER


72 A.D.2d 827 (1979)

Lena I. Nopper, Respondent, v. Robert J. Nopper, Appellant

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

November 1, 1979


On March 9, 1974 the parties were then husband and wife and they entered into a separation agreement which provided, in part, as follows: "This agreement shall be offered in evidence in such action [absolute divorce], and if acceptable to the court, shall be incorporated by reference in the decree that may be granted therein. This agreement shall be merged in the decree and shall not survive the same." The appellant sued the plaintiff for a divorce upon the ground of living...

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