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MORSE v. MORSE

45 A.D.2d 370 (1974)

Sally G. Morse, Respondent, v. William S. Morse, Appellant. (Action No. 1.) William S. Morse, Appellant, v. Sally G. Morse, Respondent. (Action No. 2.)

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

July 9, 1974.

Attorney(s) appearing for the Case

Richard H. Wels of counsel (Norman S. Nemser and Michael L. Trop with him on the brief; Moss, Wels & Marcus, attorneys), for appellant.

Barbara G. Kaplan of counsel (Leon, Weill & Mahony, attorneys), for respondent.

NUNEZ, J. P., and TILZER, J., concur with KUPFERMAN, J.; MURPHY and LUPIANO, JJ., dissent in part in an opinion by LUPIANO, J.

KUPFERMAN, J.

In 1970, the parties entered into a separation agreement which provided that the defendant husband should pay to the plaintiff for support and maintenance the sum of $2,500 a month. Shortly thereafter, a decree of divorce was entered in Mexico incorporating but not merging the provisions of the separation agreement and directing that alimony be paid in the aforesaid sum. The plaintiff wife at the...

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