Rogers v. Rogers

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court, Jefferson County, for further proceedings, in accordance with the following memorandum: The parties, who were married in 1943, entered into a modified separation agreement in 1978, which was incorporated but not merged into a judgment of divorce granted in February 1979. The husband substantially complied with the terms of the agreement until 1987, when he suffered serious health problems which totally disabled him from working as a physician. In July 1987, the wife commenced an…