Ordered that the order is affirmed, with costs.
On May 18, 1981, the parties entered into a separation agreement which, by its terms, was to survive and not merge in a subsequent judgment of divorce. The parties were subsequently divorced by judgment dated November 20, 1981. The husband failed to make any challenge to the terms of the agreement until he moved, by order to show cause dated August 17, 1989, inter alia, to modify and/or vacate the judgment of...
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