KUNIHOLM v. KUNIHOLM


15 A.D.2d 50 (1961)

Berthe E. Kuniholm, Appellant, v. Bertel E. Kuniholm, Respondent

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

December 14, 1961.


Attorney(s) appearing for the Case

Julius Garrell (Harry Merwin with him on the brief), for appellant.

Harry B. Albert for respondent.

STEVENS and STEUER, JJ., concur with McNALLY, J. P.; BASTOW, J., dissents and votes to reverse in opinion, in which EAGER, J., concurs.


McNALLY, J.

In an action to recover support payments provided for in a separation agreement, plaintiff wife appeals from an order denying her motion for partial summary judgment on her first cause of action.

The parties were married in 1934. The separation agreement was made May 3, 1957. The agreement provides for the support of the plaintiff and two of the three children of the parties, Joan born July...

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