Appellate Division of the Supreme Court of the State of New York January 12, 2010 (Marin v. Anisman)

A separation agreement that is incorporated but not merged into a divorce judgment survives as a separately enforceable contract that can only be set aside by plenary action, not by mo*441tion in the divorce action (Granato v Granato, 51 AD3d 589 [2008]; Thelander v Thelander, 42 AD3d 495 [2007]; Zavaglia v Zavaglia, 234 AD2d 1010 [1996]).