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CARTER v. CARTER

265 A.D.2d 520 (1999)

697 N.Y.S.2d 127

MARY-CATHERINE CARTER, Respondent, v. GUY T. CARTER, Appellant.

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

Decided October 25, 1999.

Ordered that the order is affirmed, with costs.

A separation agreement, which, as here, does not merge into the judgment of divorce, survives as a separate contract to which the parties are bound (see, Riley v Riley, 179 A.D.2d 750; Lambert v Lambert, 142 A.D.2d 557). Consequently, while a judgment of divorce may be attacked pursuant to CPLR 5105, the underlying separation agreement...

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