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LAURENCE v. ROSEN

228 A.D.2d 373 (1996)

645 N.Y.S.2d 773

Karen Laurence, Appellant, v. Harold Rosen, Respondent

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

June 27, 1996

At issue on this appeal is a provision for spousal maintenance in a separation agreement which was entered into by the parties on January 25, 1974 and incorporated but not merged into a judgment of divorce dated April 25, 1974. The agreement provides, in pertinent part:

"Sixth: The Husband shall make the following payments for alimony and for support of the children: "(a) Commencing January 1, 1972, fifty percent...

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