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KAGEN v. KAGEN

21 N.Y.2d 532 (1968)

Linda Kagen, an Infant and Another, by Their Parent Anita Reisner, et al., Respondents, v. Theodore Kagen, Appellant.

Court of Appeals of the State of New York.

Decided February 29, 1968.

Attorney(s) appearing for the Case

Edward Sharf and Neil Robert Ross for appellant.

Sidney Robert Lee for respondents.

Chief Judge FULD and Judges BERGAN and KEATING concur with Judge BURKE; Judge JASEN dissents and votes to reverse in a separate opinion in which Judges SCILEPPI and BREITEL concur.

BURKE, J.

This appeal requires us to determine the effect of the 1962 amendment to section 7 of article VI of the State Constitution upon the general original jurisdiction of the Supreme Court.

In August, 1962 Anita and Theodore Kagen entered into a separation agreement which was thereafter incorporated in a Mexican divorce decree. Under one of its provisions, defendant was paying his wife $60 a week...

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