BLACKOFF v. BLACKOFF


56 A.D.2d 752 (1977)

Choy Lin Blackoff, Appellant, v. Edward M. Blackoff, Respondent

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

March 3, 1977


There is a dispute between the parties as to whether they stipulated that alimony would cease on the death of either the husband and the wife, or only on the death of the wife. Plaintiff therefore requests that the judgment of divorce be set aside and that the trial be continued. But that dispute cannot invalidate the divorce. To begin with, the divorce cannot rest on consent (Domestic Relations Law, § 211). Further, the undisputed preamble to the stipulation was that...

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