MERLINO v. MERLINO


44 A.D.2d 559 (1974)

Rosanna Merlino, Respondent, v. John Merlino, Appellant

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

March 4, 1974


Judgment modified, on the law and the facts, by striking therefrom the award to plaintiff of $18,900, with interest, under the separation agreement, and case remanded to the Special Term (1) for a hearing before a Justice other than the one who tried the case (a) on the question of the validity of the agreement and (b) if the agreement be found valid, on the further question whether plaintiff is entitled to recover thereon; and (2) for a determination thereof and making of...

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