DONNARUMMA v. DONNARUMMA


72 A.D.2d 545 (1979)

Rose A. Donnarumma, Respondent, v. Angelo Donnarumma, Appellant

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

October 9, 1979


Judgment modified, on the law, by deleting therefrom the twelfth decretal paragraph thereof, which awarded plaintiff a counsel fee. As so modified, judgment affirmed insofar as appealed from, with costs to the plaintiff and action remanded to Special Term for a hearing with regard to the counsel fee and the entry of an appropriate amended judgment.

The trial court properly rescinded the separation agreement of the parties. Its terms were such as to raise a clear inference...

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