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KECK v. KECK

282 A.D.2d 436 (2001)

722 N.Y.S.2d 410

ANN N. KECK, Respondent, v. GERARD L. KECK, Appellant. (Action No. 1.) GERARD L. KECK, Appellant, v. ANN N. KECK, Now Known as ANN N. ADAMS, Respondent. (Action No. 2.)

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

Decided April 2, 2001.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment in the declaratory judgment action declaring that the parties' separation agreement was not modified by a memorandum dated November 5, 1994.

The Supreme Court properly declined to enforce the purported modification of the parties' separation agreement. The separation agreement provided that it could be modified only "by an agreement...

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