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McMAINS v. McMAINS

15 N.Y.2d 283 (1965)

Nell E. McMains, Appellant, v. Thomas F. McMains, Respondent.

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Edward Carey Cohen for appellant.

John M. Conroy for respondent.

Judges DYE, BURKE, SCILEPPI and BERGAN concur with Chief Judge DESMOND; Judge FULD dissents in an opinion in which Judge VAN VOORHIS concurs.

Chief Judge DESMOND.

This is the question: when these parties in 1944 entered into a separation agreement providing $100 per month for the wife (plus an additional amount for the then infant child), which agreement stipulated that it might be incorporated into a divorce decree if one were afterwards made, and stipulated also that the separation agreement should not be considered as merged in the divorce decree...

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