HETTICH v. HETTICH


304 N.Y. 8 (1952)

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

Court of Appeals of the State of New York.

Decided April 17, 1952


Attorney(s) appearing for the Case

Clifton F. Weidlich for appellant.

George Trosk for respondent.

LEWIS, CONWAY and DESMOND, JJ., concur with FROESSEL, J.; LOUGHRAN, Ch. J., DYE and FULD, JJ., dissent and vote to affirm.


FROESSEL, J.

In an action upon a separation agreement executed on July 1, 1932, whereunder defendant agreed to pay plaintiff on and after February 1, 1933, $75 per month during her lifetime (unless she remarried), she alleges the breach of that agreement by defendant from June 1, 1935, to September 1, 1949. We are not concerned with a second cause of action, as no appeal has been taken with respect to the disposition...

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