MARKS v. MARKS


40 A.D.2d 981 (1972)

Carolyn Marks, Appellant, v. Joel Marks, Respondent

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

December 4, 1972


Order reversed, without costs, and motion remitted to the Special Term for a hearing on the factual issues presented and for a determination de novo.

In our opinion, too many relevant factual issues were left undecided by Special Term. The needs of the children, the income of the defendant father and the true intent of the parties, as manifested in the discussions as to a prospective stipulation relating to clothing provisions, are all without resolution. Since...

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