IN THE MATTER OF CAROL v. SANFORD


54 A.D.3d 653 (2008)

In the Matter of CAROL B., Appellant, v. SANFORD B., Respondent.

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

September 30, 2008.


Family Court properly determined that, under the plain terms of the separation agreement, which was incorporated but not merged into the judgment of divorce, the father owed no additional support payments. In any event, for more than 17 years after the separation agreement was executed, the mother accepted the father's support payments without raising any objections. The parties' course of conduct under a contract is persuasive evidence of their agreed intention (see Federal...

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