Judgment modified, on the law and the facts, by deleting the fourth decretal paragraph thereof. As so modified, judgment affirmed, with costs to the plaintiff.
Special Term erred in directing the father to pay $1,000 per year towards the college tuition of the parties' oldest son. "Absent `special circumstances', or a voluntary agreement, the furnishing of a private school education to one's minor children is not regarded as a necessary expense" (Kaplan v Wallsheim...
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