FEDERATED DEPT. STORES v. SEIZER


49 Misc.2d 429 (1965)

Federated Department Stores, Inc., Bloomingdale Bros. Division, Plaintiff, v. Harvey Seizer et al., Defendants.

Civil Court of the City of New York, New York County.

December 15, 1965


Attorney(s) appearing for the Case

Goldman, Abend & Goldman (Seymour Abend of counsel), for plaintiff. Pearlman, Gottesman & Apat (Burton Apat of counsel), for Harvey Seizer, defendant. Carl Turk for Claudine Seizer, defendant.


ARNOLD L. FEIN, J.

Defendants were married July 3, 1960. On June 17, 1964, while the wife was pregnant, they entered into a separation agreement, in which the husband agreed to pay $33.75 per week for support of the child, which was not born until July 12, 1964. Despite the separation agreement, defendants continued to reside in the same apartment. The wife testified, without contradiction, that the husband refused to leave. Sometime in mid-August, 1964...

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