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MAULE v. KAUFMAN

33 N.Y.2d 58 (1973)

Dorothy K. Maule, Appellant, v. Murray J. Kaufman, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1973.

Attorney(s) appearing for the Case

Hyman L. Rutman for appellant.

Philip F. Solomon and Samuel B. Solomon for respondent.

Judges BURKE, JASEN, JONES and WACHTLER concur with Judge BREITEL; Chief Judge FULD and Judge GABRIELLI dissent and vote to affirm in the following memorandum: In our view, the weight of evidence lies with the determination arrived at by the Appellate Division. Accordingly, we dissent for the reasons stated by that court in its opinion.

BREITEL, J.

Plaintiff sues to recover arrears of child support payments due under a 1951 Florida divorce decree from her former husband and father of the child. The principal issue is whether plaintiff, who, with her second husband, supplied the child's needs for seven years until majority, waived the support claim against defendant. Alternatively, defendant contends that tuition payments made by his mother, the...

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