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HUGHES v. HUGHES

12 A.D.2d 53 (1960)

Lucille E. Hughes, Respondent, v. Thomas W. Hughes, Appellant

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

December 13, 1960.

Attorney(s) appearing for the Case

Solomon Boneparth of counsel (Augustine M. Devanney, attorney), for appellant.

Irwin Isaacs for respondent.

BOTEIN, P. J., and BREITEL, J., concur with McNALLY, J.; STEVENS, J., dissents and votes to reverse in opinion, in which VALENTE, J., concurs.

McNALLY, J.

In this action on a separation agreement made May 20, 1953 by a divorced wife against her former husband to recover $50 per week support payments for the adopted child of the parties, defendant appeals from a determination of the Appellate Term affirming by a divided court a judgment for the plaintiff for $2,224.75 entered in the Municipal Court after a nonjury trial.

The separation agreement...

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