Opinion
April 12, 1999
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that there exist no triable issues of fact as to whether, after executing the separation agreement, the parties resumed the marital relationship and exhibited the intention to abandon the agreement (see, Matter of Wilson, 50 N.Y.2d 59; cf., Sepenoski v. Sepenoski, 188 A.D.2d 457). Notably, the parties resided together for seven years after executing the agreement, engaged in sexual relations on occasion, and took vacations together during that period of time.
The husband's remaining contentions are without merit.
O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.