Approximately two months before their divorce, plaintiff and defendant executed a written separation agreement which was later incorporated into but not merged with the final degree of divorce. Plaintiff, in May of 1979, commenced this action seeking (1) partition of their former jointly owned marital home now owned by the parties as tenants in common and in which the husband resides, and (2) recovery of $7,105.60 from the proceeds of a certain mortgage. County Court granted...
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