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MENDLER v. MENDLER

158 A.D.2d 276 (1990)

Yetive C. Mendler, Respondent-Appellant, v. Henry Mendler, Appellant-Respondent

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

February 1, 1990

While the parties entered into a separation agreement which related, inter alia, to the real property herein, the divorce judgment provided, among other things, "that the Stipulation entered into between the parties * * * shall survive and shall not be merged in this Judgment".

Since there was no provision in the divorce judgment incorporating by reference the separation agreement, there is no basis, short of an action...

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