O'BRIEN v. O'BRIEN


61 A.D.2d 1027 (1978)

Eugene J. O'Brien, Respondent, v. Elaine D. O'Brien, Appellant

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

March 20, 1978


Judgment reversed, without costs or disbursements, and action remanded to Special Term for a new trial of the issues, including the question whether there was any breach of the separation agreement.

Pending the retrial, defendant is directed to pay the plaintiff $200 per month as provided for in the judgment appealed from. On the argument of this appeal, it was represented to the court that the house referred to in the separation agreement has recently been sold and...

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