RUSSELL v. RUSSELL


90 A.D.2d 516 (1982)

James M. Russell, Respondent, v. Judith A. Russell, Appellant

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

October 18, 1982


Order affirmed insofar as appealed from, without costs or disbursements.

The parties executed a written separation agreement on December 31, 1979. In February, 1981, plaintiff commenced this action for a conversion divorce, alleging that he and defendant had lived separate and apart pursuant to the agreement for a period exceeding one year. Only when the plaintiff commenced this action did defendant, for the first time, allege that the separation agreement was of...

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