Order reversed, without costs or disbursements, and matter remitted to Special Term for determination of the plaintiff's motion and defendant's cross motion on the merits, in accordance with the views expressed herein.
In 1971 the plaintiff obtained a judgment of divorce on the ground of cruel and inhuman treatment. Defendant was directed to pay the plaintiff $50 per week for her support and that of their two infant children. He paid her this amount weekly until September...
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