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BENARROCH v. BENARROCH

66 A.D.2d 789 (1978)

Arlene Benarroch, Appellant, v. Leon Benarroch, Respondent

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

December 11, 1978

The action is remanded to Special Term for further proceedings on plaintiff's application for a wage assignment. Special Term abused its discretion when it modified the alimony and support provisions of the judgment of divorce in the absence of a showing by defendant that he had suffered a "`substantial change of circumstances'" (see Kover v Kover, 29 N.Y.2d 408, 413). Consequently, the original provisions for alimony and child support...

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