Ordered that the order is affirmed, with costs.
In 1975, the parties entered into a separation agreement which stated, inter alia, that the defendant "shall be returning to Germany". After the agreement, however, the parties continued to live together in the same residence until July 1979. Both parties agreed that no sexual relations occurred after the execution of the agreement and that the defendant slept on the couch. The defendant's contention is that the...
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