BLAUFARB v. BLAUFARB


9 A.D.2d 86 (1959)

Frances E. Blaufarb, Respondent, v. Seymour M. Blaufarb, Also Known as Sidney M. Barton, Appellant

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

October 22, 1959.


Attorney(s) appearing for the Case

Arnold R. Krakower of counsel (George P. Halperin with him on the brief; Arnold R. Krakower, attorney), for appellant.

Arnold Bauman of counsel (W. A. Newcomb with him on the brief; Bauman, Epstein & Horowitz, attorneys), for respondent.

M. M. FRANK and VALENTE, JJ., concur with RABIN, J.; BREITEL, J. P., concurs in opinion; STEVENS, J., dissents in opinion.


RABIN, J.

In this proceeding the plaintiff moves to amend the final decree of divorce rendered in her favor so as to provide for her support. Subsequent to the entry of that decree, which provided no alimony for her, the wife entered into an agreement waiving all claims for alimony, past, present or future and at the same time executed a release in favor of her husband.

The first question posed is whether...

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