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LAPPERT v. LAPPERT

20 N.Y.2d 364 (1967)

Joan Lappert, Respondent, v. James Lappert, Jr., Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Sydney S. Levine and Herbert Gordon for appellant.

Louis Rivkin and Irwin Reicher for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge VAN VOORHIS dissents.

KEATING, J.

James and Joan Lappert were married in 1948. They had two children, a son born in 1951, and a daughter, born in 1953. In 1963, the couple separated. Joan Lappert subsequently brought an action for separation in Supreme Court, Queens County.

The judgment therein, entered on July 13, 1964, provided inter alia that James pay Joan 50% of his gross income, on a weekly basis. The judgment...

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