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BERGEN v. BERGEN

299 A.D.2d 308 (2002)

749 N.Y.S.2d 148

PHILIP BERGEN, Respondent, v. SUSAN BERGEN, Appellant.

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

Decided November 4, 2002.

Ordered that the order is affirmed, with costs.

The parties separated in 1994, and the plaintiff commenced this matrimonial action six years later. The defendant signed an affidavit in which she acknowledged service of the summons and complaint in the matrimonial action, waived her right to answer, and consented to a divorce. At the same time, she signed a stipulation of settlement, which was incorporated but not merged...

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