MATTER OF SILVER v. SILVER


36 N.Y.2d 324 (1975)

In the Matter of Susan Silver, Respondent, v. William Silver, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1975.


Attorney(s) appearing for the Case

William F. Reilly and Julia Perles for appellant.

Simon M. Koenig, Michael A. Chatoff and Herbert Carr for respondent.

Chief Judge BREITEL and Judges JONES and FUCHSBERG concur with Judge JASEN, Judge COOKE dissents and votes to affirm in a separate opinion in which Judges GABRIELLI and WACHTLER concur.


JASEN, J.

In 1970, the parties entered into a separation agreement pursuant to which the respondent husband agreed to pay the petitioner wife, inter alia, the sum of $1,250 per month for a period of three years. Shortly thereafter, this separation agreement was incorporated, but not merged, in a bilateral Mexican divorce decree. After the expiration of the three-year term, the wife initiated this proceeding...

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