Merrick v. Merrick

— Order, Supreme Court, New York County (Walter M. Schackman, J.), entered February 4, 1991 which, to the extent appealed from, granted defendant’s motion to resettle a judgment of divorce to incorporate by reference, but not merge, the parties’ separation agreement, unanimously affirmed, without costs.

The intention of the parties that the provisions of the separation agreement be incorporated but not merged into the judgment of divorce is clear from the language of the agreement itself, and the same intention on the part of the Supreme Court is clear from its findings of fact and conclusions…