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MARIN v. ANISMAN

1245, 316230/00

69 A.D.3d 440 (2010)

892 N.Y.S.2d 390

2010 NY Slip Op 194

MELANIE L. MARIN, Respondent, v. ANTONY ANISMAN, Appellant.

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

Decided January 12, 2010.

A separation agreement that is incorporated but not merged into a divorce judgment survives as a separately enforceable contract that can only be set aside by plenary action, not by motion in the divorce action (Granato v Granato, 51 A.D.3d 589 [2008]; Thelander v Thelander, 42 A.D.3d 495 [2007]; Zavaglia v Zavaglia, 234...

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