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KLEILA v. KLEILA

50 N.Y.2d 277 (1980)

Joan Kleila, Respondent, v. Richard Kleila, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Arthur E. Arnow for appellant.

Herman Yellon for respondent.

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

GABRIELLI, J.

In this plenary action in contract brought by a wife who seeks a money judgment for arrears in support payments due her under a separation agreement, the overriding issue is the proper interpretation of a provision of the agreement. Section 23 of the agreement specifically declares that the agreement is to survive any subsequent divorce decree obtained...

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