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LAVINGTON v. EDGELL

127 A.D.2d 155 (1987)

Camille Lavington, Appellant, v. Robert L. Edgell, Respondent

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

March 17, 1987

Attorney(s) appearing for the Case

Michael S. Devorkin of counsel (James I. Serota with him on the brief; Levitsky & Serota and John Doar, attorneys), for appellant.

Patricia M. Hynes of counsel (Jeremy Heisler and Virginia A. LoPreto with her on the brief; Milberg Weiss Bershad Specthrie & Lerach, attorneys), for respondent.

MURPHY, P. J., SANDLER, CARRO and ROSENBERGER, JJ., concur.

ASCH, J.

The parties herein entered into a separation agreement which was later incorporated but not merged into a divorce decree. Among the provisions of the agreement, the defendant husband agreed to pay maintenance to the wife for a set period "[s]o long as the Wife shall not be in default" under the agreement. In addition, provision was made for the wife to occupy the marital residence, apartment 29A at...

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