HARRIS v. HARRIS


74 A.D.2d 779 (1980)

Audrey P. Harris, Respondent, v. Roy Harris, Appellant

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

March 13, 1980


Kupferman and Birns, JJ., dissent in part in a memorandum by Kupferman, J., as follows:

While we are all in agreement in affirming the granting of plaintiff former wife's motion to dismiss the defendant former husband's second affirmative defense and counterclaim in respect to his nonpayment of alimony under the separation agreement, I must dissent with respect to the determination that the defendant husband has made an insufficient showing, on the former wife's motion...

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