Farkas v. Farkas

Rabin, J. (dissenting).

In affirming the judgment of Special Term, this court, of necessity, must have approved of the finding that “ the separation agreement being in full force and effect, [the wife’s] support is limited .as set forth in that agreement.”

*920It is because I cannot come to that conclusion, but believe that the separation agreement was vitiated by the parties’ reconciliation subsequent to its execution, that I dissent.

It is quite true that mere cohabitation in and of itself does not effect a reconciliation. It is the intention of the parties that governs. If they intended to…