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GRAEV v. GRAEV

46 A.D.3d 445 (2007)

848 N.Y.S.2d 627

LINDA R. GRAEV, Respondent, v. LAWRENCE GRAEV, Appellant. LAWRENCE GRAEV, Appellant, v. LINDA R. GRAEV, Respondent.

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

Decided December 27, 2007.

The issue on appeal is whether plaintiff Linda Graev forfeited her right to maintenance because of what defendant Lawrence Graev alleges was "cohabitation" with a nonparty ("MP") for "sixty (60) substantially consecutive days" in the summer of 2004. Based on the evidence in the record, plaintiff's relationship with MP did not constitute "cohabitation" as this term has been construed. Accordingly, we affirm the judgments appealed.

Linda and Lawrence Graev were married...

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