Stone v. Stone

Plaintiff brought action for divorce under subdivision (6) of section 170 of the Domestic Relations Law. She and defendant had lived separate and apart pursuant to a separation agreement dated and filed in the Ontario County Clerk’s office November 17, 1972. Satisfactory proof was offered that she has substantially performed all of the terms and conditions of the agreement.

The only issue raised is what effect, if any, does the fact that the parties modified the original agreement by an agreement dated June 11,1974 and failed to file this latter agreement in the County Clerk’s office have on…