Graev v. Graev

Andrias and Sullivan, JJ.,

dissent in a memorandum by Sullivan, J., as follows: By any rational understanding of the term, undefined in the parties’ settlement agreement, “cohabitation” between the wife and MP was amply demonstrated by the evidence adduced at a hearing on that issue so as to warrant termination of the husband’s obligation to pay spousal maintenance under the terms of the agreement.

A brief discussion of the events leading to the hearing is in order. The parties separated in 1994 after almost 24 years of marriage, and were divorced on June 6, 1997. The April 18, 1997 settlement…