STROH v. STROH


52 A.D.2d 844 (1976)

Frances Stroh, Respondent, v. Richard A. Stroh, Appellant

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

May 3, 1976


Order reversed, without costs or disbursements, and the motion and cross motion are remitted to Special Term for a hearing in accordance herewith.

The papers in this case raise substantial questions of fact as to whether the financial position of the defendant had changed for the worse since the entry of the divorce judgment. Under these circumstances an evidentiary hearing should have been held on both the motion and cross motion (see Pirrotta v Pirrotta,...

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