ENCK v. ENCK


187 A.D.2d 897 (1992)

Gary C. Enck, Appellant, v. Barbara A. Enck, Respondent

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

November 25, 1992


Mercure, J.

In 1986, the parties executed a separation agreement, incorporated but not merged in their judgment of divorce, which provided, as relevant to this appeal, that maintenance payments shall cease in the event of defendant's "maintaining a common law marital relationship". In defense of defendant's August 1991 application for an order directing the entry of judgment for maintenance arrears, plaintiff asserted that defendant was engaged in a common...

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