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GRESCHLER v. GRESCHLER

71 A.D.2d 322 (1979)

Helen Greschler, Respondent, v. Jerome Greschler, Appellant

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

December 10, 1979

Attorney(s) appearing for the Case

Joseph Heller for appellant.

Forster & Kadish (Gerald Kadish of counsel), for respondent.

Robert Abrams, Attorney-General (Robert J. Schack and George D. Zuckerman of counsel), intervenor pro se (see CPLR 1012, subd [b]).

MOLLEN, P. J., TITONE and GIBBONS, JJ., concur.

MANGANO, J.

This appeal presents the question of whether section 5-311 of the General Obligations Law is constitutional in light of Orr v Orr (440 U.S. 268). We hold that it is unconstitutional insofar as it denies husbands and wives the right to contract to relieve the husband of his liability to support his wife, but does not forbid them to contract to relieve the wife...

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