VITALE v. VITALE


37 A.D.2d 963 (1971)

Martino Vitale, Respondent, v. Josephine Vitale, Appellant

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

November 1, 1971


Judgment affirmed insofar as appealed from, without costs.

On May 25, 1967 a judgment of separation was awarded to defendant (plaintiff in the separation action). The judgment also awarded her exclusive possession of the marital home plus alimony of $10 per week. From May, 1967 to June, 1970 plaintiff paid $40 a month rather than $10 a week. Defendant never objected to plaintiff concerning this manner of payment and, in fact, cashed plaintiff's checks, which had the...

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