GARDNER v. GARDNER


40 A.D.2d 153 (1972)

Irene Gardner, Respondent, v. Roswell F. Gardner, Appellant

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

December 12, 1972.


Attorney(s) appearing for the Case

Benjamin Franklin for appellant.

Leonard F. Walentynowicz for respondent.

MARSH and CARDAMONE, JJ., concur with DEL VECCHIO, J. P.; WITMER, J., dissents, in part, in an opinion.


DEL VECCHIO, J. P.

Petitioner, former wife of respondent, filed a petition in Family Court for modification of the alimony provisions of a Mexican judgment of divorce on the ground that there had been a change of circumstances.

The parties were married in 1940. The 1965 decree of divorce incorporated by reference a nonmerger separation agreement which provided, among other things, that respondent pay...

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