LEFFLER v. LEFFLER


50 A.D.2d 93 (1975)

Allen M. Leffler, Appellant, v. Charlotte Leffler, Respondent

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

December 16, 1975


Attorney(s) appearing for the Case

Paul P. E. Bookson for appellant.

Irving Bloomberg of counsel (Berlin Berelson & Rothaus, attorneys), for respondent.

MARKEWICH, J. P., MURPHY and LANE, JJ., concur with LUPIANO, J.; NUNEZ, J., dissents in an opinion.


LUPIANO, J.

In this declaratory judgment action, plaintiff seeks a declaration that he is not obligated to pay alimony to defendant pursuant to their written separation agreement. The parties were married in February, 1961. In August, 1969, they entered into a separation agreement which provided in paragraph 6 thereof that the husband shall pay alimony to the wife "[d]uring the life of the [w]ife and until the...

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