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MOAT v. MOAT

27 A.D.2d 895 (1967)

Yvonne Moat, Respondent, v. Douglas Moat, Appellant

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

March 15, 1967

Per Curiam.

The basis of the Special Term's action was its finding that the separation agreement is "void on its face as a matter of law"; this, however, on the court's erroneous construction of the agreement as violative of the statute inhibiting any contract between husband and wife "to relieve the husband from his liability to support his wife" (General Obligations Law, § 5-311), and as "relieving him of his...

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