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NORTHRUP v. NORTHRUP

43 N.Y.2d 566 (1978)

Anna Northrup, Appellant, v. Ray A. Northrup, Sr., Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Richard F. Anderson for appellant.

George A. Schell for respondent.

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

COOKE, J.

On March 7, 1974, plaintiff Anna Northrup was granted a judgment of divorce from defendant Ray A. Northrup, Sr. Defendant was awarded custody of the children of the marriage, but was also ordered to pay alimony to plaintiff in the sum of $160 per month. After making two payments, defendant defaulted and, on August 19, 1974, plaintiff moved to hold him in contempt and for a judgment for unpaid arrears...

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