Wayne v. Wayne, No. Fa94-0549968 (Feb. 17, 1999)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF OPINION RE: MOTION TO DISMISS The plaintiff, Curtis B. Wayne, and the defendant, Anita Wayne were divorced "by the Matrimonial Part of the Supreme Court of New York on November 27, 1989." (Complaint ¶ 6.) The parties entered into a separation agreement on September 18, 1989 and a ratification of the agreement was executed on November 17, 1989. (Complaint ¶ 7.) The separation agreement and ratification were incorporated by reference into the judgment but were not merged with the judgment. (Complaint ¶ 7.)1