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SHEDLER v. SHEDLER

12 N.Y.2d 828 (1962)

Celia Shedler, Respondent, v. Benjamin Shedler, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1962.

Attorney(s) appearing for the Case

Benjamin Shedler, in person, and Morris G. Zirin for Benjamin Shedler, appellant.

Richard L. Dorff for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and VAN VOORHIS. Judge BURKE dissents in the following opinion in which Judges FULD and FOSTER concur.

Order affirmed, with costs, upon the opinion at Special Term. Question certified answered in the affirmative.

BURKE, J. (dissenting).

Plaintiff wife brings this action for money due and owing under a separation agreement entered into by her and the defendant husband in 1957. The husband urges as a complete defense to the action the wife's breach of one of the covenants of the agreement which, according to the husband, gives him the option of repudiating...

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