In Thompson v. Thompson (294 A.D.2d 943) the Appellate Division affirmed the Supreme Court's denial of plaintiff's application to set aside, in whole or in part, the parties' written separation agreement which was incorporated but not merged into the divorce decree, or to reform it to incorporate an alleged oral promise by defendant to support plaintiff. The Court held that the purported oral promise was barred by the parol evidence rule as embodied by the express terms of the separation agreement, including its provisions with respect to "Modification and Waiver" and the agreement's merger clause, as well as by the Statute of Frauds (id. at 944). It went on to hold that the defendant was not estopped from invoking the Statute of Frauds, since there was no proof that defendant made a particular misrepresentation of fact on which plaintiff relied to his detriment (id. at 944).