RULAND v. RULAND


5 A.D.2d 836 (1958)

June A. Ruland, Appellant, v. William F. Ruland, Respondent

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

February 3, 1958


Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

In our opinion, there is lacking a showing sufficient to raise a triable issue with respect to respondent's claim, not pleaded as a partial defense, that without objection appellant accepted a lesser weekly payment than that provided for in their separation agreement, pursuant to an alleged oral modification thereof. (Rehill v. Rehill, 306 N.Y. 126...

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