Motion to confirm a Referee's report is denied.
The court construes paragraph "Fifth" of the separation agreement dated April 12, 1956, as violative of section 51 of the Domestic Relations Law. An agreement which arbitrarily permits the husband to determine the measure of support which he shall provide for his wife is void. In Tirrell v. Tirrell (232 N.Y. 224, 229) it was...
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