Hermine Leventhal - Page 18




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          vigorously denies in testimony that she agreed to $530 per week               
          as support in connection with the April 1 letter, the April 1                 
          letter is ambiguous regarding the terms of support, and Harvey                
          routinely disregarded his purported obligation to pay this                    
          amount; all of which suggests that petitioners had not reached an             
          oral agreement regarding support prior to or by means of the                  
          April 1 letter.                                                               
               Finally, Harvey argues that the “Matrimonial Support”                    
          paragraph of the April 1 letter was incorporated by reference in              
          the first of the June 1 letters.  This June 1 letter begins:                  
               With reference to your telephone conversation with my                    
               offices yesterday, our prior communications and phone                    
               conversations and with specific reference to the Lease                   
               from SILVER LAKE ASSOCIATES (Owner) to our Clients                       
               (Tenants), it is understood and agreed as follows                        
               * * *.                                                                   
          Harvey contends that the reference to “our prior communications”              
          incorporated the terms of the April 1 letter.  We reject this                 
          contention.  The reference is too vague to support such a                     
          construction, particularly in the context of the specificity with             
          which the June 1 letters address their intended subject of living             
          arrangements.                                                                 
               While the April 1 letter does not constitute or form part of             
          a written separation agreement within the meaning of section                  
          71(b)(2)(B), the June 1 letters are another matter.  These                    
          letters, written and signed by Hermine’s attorney and                         







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