Order modified, on the law, by deleting the provision granting partial summary judgment to the plaintiff dismissing the counterclaim. As so modified, order affirmed, without costs or disbursements.
Under the circumstances of this case, Special Term erred in dismissing the defendant's counterclaim for arrears due under a judgment of divorce. A formal application pursuant to section 244 of the Domestic Relations Law may be dispensed with in appropriate circumstances...
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