HOYT v. HOYT


307 A.D.2d 621 (2003)

763 N.Y.S.2d 152

VICTORIA HOYT, Respondent, v. JONATHAN C. HOYT, Appellant.

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

Decided July 24, 2003.


Mercure, J.

In 1990, the parties, who were previously married, executed a separation agreement addressing all issues related to the marriage. In 2000, plaintiff commenced an action for divorce, the parties having lived apart pursuant to the separation agreement. Defendant initially answered, but then withdrew his answer, allowing for a default judgment of divorce. The judgment of divorce incorporated the separation agreement by reference, but the agreement did not...

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