Unanimously reversed, on the law and the facts, without costs, and the action remanded for trial.
The parties entered into a separation agreement on February 10, 1971. In pertinent part, the separation agreement provided as follows: "As long as she is not remarried, the Wife may continue to have the exclusive use of the cooperative apartment at 33 West 67th Street, the stock and proprietary lease of which is owned by Husband. The Husband shall pay all maintenance...
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