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1. Payment of same for a total of one hundred thirty
(130) weeks; or
2. [Dr. Israel's or petitioner's] death; or
3. [Petitioner's] remarriage
b. Additionally, [Dr. Israel] agrees to pay as
additional maintenance, [petitioner's] rent at 167 E. 82nd
Street. [Emphasis added.]
Article III, paragraph c, of the separation agreement
further provided that Dr. Israel was to make scheduled lump-sum
maintenance payments to make up for arrearages in maintenance.
The separation agreement stated that the scheduled lump-sum
maintenance payments were income to petitioner. On June 10,
1990, Dr. Israel made a $5,000 scheduled maintenance payment to
petitioner.
Article III, paragraph d, of the separation agreement stated
that, in the event that their son resided with Dr. Israel for
more than half the year, Dr. Israel's "obligation under paragraph
b of this Article shall be reduced to 1/3 of the rental
obligation".
Article IV provided for numerous contingencies in the event
that the apartment "is offered for conversion or sale" and in
pertinent part provided as follows:
[Dr. Israel] may, at his option, purchase the apartment
at the insider price. If he does, upon resale [petitioner]
shall receive: (a) 42 1/2% of the difference between the
insider & outsider price as set forth in the final
prospectus (blackbook) and (b) 10% of the net gain over and
above the insider price. In the event the net sale price is
less than the outsider price, [petitioner] shall receive
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Last modified: May 25, 2011