COHEN v. COHEN


197 Misc. 83 (1949)

Lilly Cohen, Respondent, v. Louis Cohen, Appellant.

Supreme Court, Appellate Term, First Department.

December 22, 1949.


Attorney(s) appearing for the Case

Harvey I. Harris and Morton Brauer for appellant.

Alfred A. Walter, James L. Walter and Martin E. Mandel for respondent.

HAMMER, J., concurs with HOFSTADTER, J.; PECORA, J., dissents in opinion.


HOFSTADTER, J.

The action is brought by a wife to recover payments claimed to be due under a separation agreement dated January 18, 1946, executed in effectuation of a stipulation of settlement made on the record in the Supreme Court, Kings County, when the wife's separation action came on for trial. The provision of the separation agreement in controversy is: "4. That the second party, beginning with the date...

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