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BARRETT v. SETRIGHT

193 A.D.2d 1094 (1993)

598 N.Y.S.2d 886

Joan A. Barrett, Respondent, v. John C. Setright et al., Appellants and Third-Party Plaintiffs-Appellants. Roy Sanders et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (Appeal No. 1.)

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

May 28, 1993

Order unanimously affirmed with costs.

Memorandum:

In June 1979, Joan A. Barrett (plaintiff) and her husband, J. Patrick Barrett, entered into a separation agreement. Thereafter, in February 1980, plaintiff signed a power of attorney consenting to the jurisdiction of the Dominican Republic. In March 1980, Mr. Barrett obtained a divorce in the Dominican Republic; plaintiff appeared by proxy. The separation agreement was incorporated but not merged in the divorce...

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