SITAREK v. SITAREK


179 A.D.2d 1064 (1992)

Dianne Sitarek, Respondent, v. David J. Sitarek, Appellant. (Appeal No. 1.)

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

January 31, 1992


Order unanimously affirmed with costs.

Memorandum:

We reject defendant's contention that Supreme Court erred in denying his application to terminate his maintenance obligation on the ground that plaintiff was cohabitating with an unrelated male. An oral stipulation of settlement, incorporated but not merged in the parties' judgment of divorce, provided that, if plaintiff cohabitated with an unrelated male for a period of more than two months, defendant could...

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