GALYN v. SCHWARTZ


77 A.D.2d 437 (1980)

Rhoda Galyn, Appellant, v. Lawrence Schwartz, Respondent

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

December 9, 1980


Attorney(s) appearing for the Case

Maris Bibelnieks for appellant.

Clifford M. Solomon of counsel (Beatrice Rothaus, attorney), for respondent.

FEIN, J. P. and SANDLER, J., concur with SULLIVAN, J.; LUPIANO, J., dissents and SILVERMAN, J., dissents in part in separate opinions.


SULLIVAN, J.

The parties were married in 1948, entered into a separation agreement in November, 1959 and ultimately were divorced in January, 1960 in Mexico. The divorce judgment incorporated the separation agreement, approved all its terms, and decreed that it was binding on the parties, but did not provide for merger.

For a period of time the husband made regular support payments of $100 per week, pursuant...

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