Spain, J.
The parties were married in 1988 and separated in December 1998; they have no children. In January 1999, they executed a separation agreement with the help of a local mediation service and plaintiff filed the agreement in the Schenectady County Clerk's office. Shortly thereafter plaintiff commenced an action for divorce citing cruel and inhuman treatment. Defendant filed an answer and a counterclaim also based on cruel and inhuman treatment and challenged...
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