AQUINO v. AQUINO


49 A.D.2d 1013 (1975)

James Aquino, Appellant, v. Josephine Aquino, Respondent

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

October 24, 1975


Order unanimously affirmed, with costs.

Memorandum:

Not only did plaintiff waive the right to assert section 236 of the Domestic Relations Law prohibiting alimony to a wife where the divorce was obtained upon the grounds of her misconduct, but having not appealed from the award of alimony, plaintiff cannot now relitigate the legality of such award. Plaintiff's contention that defendant was living with another man and holding herself out as his wife within...

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