LUDWIG v. LUDWIG


38 A.D.2d 214 (1972)

Gladys M. Ludwig, Respondent, v. Daniel K. Ludwig, Appellant

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

February 3, 1972.


Attorney(s) appearing for the Case

Vincent J. Malone of counsel (William A. Zutt and Thomas F. Tivnan with him on the brief; Parker, Duryee, Zunino, Malone & Carter, attorneys), for appellant.

Nathan R. Shapiro for respondent.

KUPFERMAN, McNALLY and MACKEN, JJ., concur with STEVENS, P. J.; McGIVERN, J., dissents in an opinion.


STEVENS, P. J.

The parties were married in Miami, Florida, March 15, 1927 and divorced April 28, 1937, also in Florida. The decree provided for $200 per month as and for permanent alimony.

On or about November 6, 1939, at plaintiff's request, and pursuant to written agreement, defendant agreed to and did pay to plaintiff the sum of $3,000 in full settlement of his support obligation under the decree of...

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