Van Wie v. Van Wie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*354Plaintiff and defendant were married in 1966. In June 1984, they entered into a separation agreement which provided, inter alia, that plaintiff had no claim to the marital residence and that she waived any right to maintenance. Although the record is less than adequate, it appears that the marital residence was the primary asset of the marriage. In September 1984, plaintiff was granted a judgment of divorce against defendant on the ground of cruel and inhuman treatment. The June 1984 separation agreement was incorporated, but not merged, into the divorce decree.
In March 1985, plaintiff…
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