Ordered that the order is reversed, on the facts and as an exercise of discretion, with costs, the defendant's motion is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.
The plaintiff and the defendant were married in June 1977. They had one son, Allen, who was born on June 20, 1982. The parties were divorced pursuant to a judgment dated December 12, 1983, in which a separation agreement was incorporated...
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