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BAKER v. BAKER

106 A.D.2d 483 (1984)

Stuart D. Baker, Appellant, v. Elisabeth K. Baker, Respondent

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

December 17, 1984

Order affirmed, with costs.

Plaintiff contends that his obligation to pay alimony was extinguished by virtue of a cohabitation clause in a separation agreement which was incorporated, but not merged, into a judgment of divorce between the parties, and, therefore, that he is not a "defaulting party" within the meaning of section 244 of the Domestic Relations Law (cf. Zipparo v Zipparo, 70 A.D.2d 616). Plaintiff, however, admittedly...

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