SMITH v. SMITH


43 A.D.2d 784 (1973)

Carlyle G. Smith, Respondent-Appellant, v. Virginia M. Smith, Appellant-Respondent

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

December 6, 1973


Judgment unanimously modified, on the law and facts, in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

While the court properly granted plaintiff judgment for divorce and dismissed defendant's cause of action for separation it was in error in modifying paragraph 5 of the separation agreement of the parties by increasing the amount of support and maintenance to be paid by plaintiff to defendant from $50 to $75 per week. The...

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