CAVELLIER v. CAVELLIER


4 A.D.2d 600 (1957)

Elliott F. Cavellier, Appellant, v. Mary H. Cavellier, Respondent

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

November 26, 1957.


Attorney(s) appearing for the Case

David R. Haber and Lawrence H. Levinson of counsel (David R. Haber, attorney), for appellant.

Peter Megargee Brown of counsel (Jacquelin A. Swords with him on the brief; Cadwalader, Wickersham & Taft, attorneys), for respondent.

BREITEL, J. P., BOTEIN, McNALLY and BERGAN, JJ., concur.


VALENTE, J.

The parties herein were married in 1926. They entered into a separation agreement on July 9, 1955, under which plaintiff husband was to pay $6,000 per annum, in monthly installments, to be reduced to $5,200 per year if plaintiff purchased a home for the wife. At the same time, the wife agreed to join with the husband in offering for sale a summer cottage (owned by them by the entirety) to raise funds...

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