SMITH v. SMITH


233 A.D.2d 830 (1996)

650 N.Y.S.2d 842

Richard C. Smith, Appellant, v. Ruth F. Smith, Respondent

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

November 27, 1996


Crew III, J.

In October 1985, the parties entered into an oral stipulation, pursuant to the terms of which plaintiff agreed to make monthly maintenance payments to defendant until the occurrence of certain specified events, including defendant's cohabitation with another man. This stipulation was incorporated, but not merged, into the parties' subsequent judgment of divorce. In August 1995 plaintiff, believing that defendant indeed was cohabitating with...

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