COLLA-NEGRI v. COLLA-NEGRI


19 Misc.2d 496 (1959)

Adeline Colla-Negri, Plaintiff, v. Ottorino Colla-Negri, Defendant.

Supreme Court, Special Term, New York County.

September 25, 1959.


Attorney(s) appearing for the Case

Stull & Stull (Richard Stull of counsel), for plaintiff.

Guido Coen for defendant.


CHARLES A. LORETO, J.

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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