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KAHN v. SAMPSON

23 A.D.2d 539 (1965)

Edwin Kahn, Respondent, v. Walter J. Sampson, Appellant

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

February 2, 1965

Judgment appealed from unanimously reversed on the law, with $50 costs to appellant, the judgment vacated, and the complaint dismissed.

"A claim for unpaid alimony under a domestic matrimonial judgment or order cannot be made the basis for recovery in an independent action. The exclusive remedy is an application in the matrimonial action pursuant to section 1171-b [now Domestic Relations Law, § 244] of the Civil Practice Act." (Leitman v. Leitman

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