HETTICH v. HETTICH


278 A.D. 518 (1951)

Lillian B. Hettich, Respondent, v. Ernest L. Hettich, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1951.


Attorney(s) appearing for the Case

George Trosk of counsel (John F. Whicher with him on the brief; Gallop, Climenko & Gould, attorneys), for appellant.

Clifton F. Weidlich of counsel (Weidlich & Rogers, attorneys), for respondent.

DORE, J. P., CALLAHAN and SHIENTAG, JJ., concur; COHN, J., dissents and votes to affirm.


VAN VOORHIS, J.

Defendant's motion for summary judgment dismissing the first as well as the second cause of action in the complaint should have been granted. The first cause of action is to recover $12,900 in installments under a separation agreement made in 1932 which provided that the husband during the lifetime of the wife should pay a monthly amount increasing to $75 after February 1, 1933, for her support...

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