The Appellate Term has affirmed a judgment of the Municipal Court in favor of the defendant. The case is here on leave to appeal granted in this court.
Plaintiff sues for additional alimony pursuant to a separation agreement. The agreement provides for the payment of a base alimony for the years 1954 through 1958 of $11,000. In addition, there is this provision: "an amount * * * equal to thirty-three and one-third (33 1/3%) per cent...
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