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LIEBOLT v. LIEBOLT

38 A.D.2d 514 (1971)

Karen Liebolt, Mother, on Behalf of Karen L. Liebolt and Another, Infants, Appellant-Respondent, v. Frederick L. Liebolt, Respondent-Appellant

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

December 2, 1971

Eager, J., dissents in part in the following memorandum:

I would modify the order appealed from to dismiss the complaint but with leave to the plaintiff to apply to serve an amended complaint. In my opinion, the action should not be entertained as one for the relief as prayed for in the complaint, namely, "for an order reforming and modifying the separation agreement * * * to provide for the support and maintenance of the defendant's two infant children...

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