Skip to main content

Court of Appeals of New York


Graev v. Graev, 139

In a suit over the termination of spousal-support payments after husband claimed that wife had triggered a "termination condition" for such payments by cohabiting with another man, judgment in favor of wife is reversed and case remanded where: 1) the word "cohabitation" was ambiguous as used in the separation agreement; 2) neither the dictionary nor case law supplied an authoritative or plain meaning; 3) "cohabitation" does not require changed economic circumstances; and 4) remand was necessary to determine the intent of the parties based on extrinsic evidence.

Appellate Information

  • Decided 10/21/2008
  • Published 10/21/2008

Judges

Court

  • Court of Appeals of New York

Counsel

Copied to clipboard