KING v. SCHULTZ


36 A.D.2d 810 (1971)

Suzanne King, Respondent, v. Burt Schultz, Appellant

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

April 15, 1971


There can be no estoppel or waiver, by the wife simply defending against the husband's proceeding in the Family Court.

Nunez, J.:

I would reduce the award to plaintiff by the sum of $2,400, representing the difference of $150 per month for 16 months during which period defendant was paying her $350 per month, pursuant to an order of the Family Court, instead of $500 per month as provided for in the separation agreement. Clearly, since the separation...

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