- 18 - 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 andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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