STILLMAN v. STILLMAN


80 A.D.2d 356 (1981)

Margaret R. Stillman, Respondent, v. John S. Stillman, Appellant

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

May 21, 1981


Attorney(s) appearing for the Case

Jack S. Hoffinger of counsel (Robert Z. Dobrish and Robert A. Goldschlag with him on the brief; Hoffinger, Friedland & Roth, attorneys), for appellant.

Irving Parker of counsel (Joseph N. Salomon with him on the brief; Jacobs Persinger & Parker, attorneys), for respondent.

MURPHY, P. J., SANDLER and LYNCH, JJ., concur with MARKEWICH, J.; KUPFERMAN, J., dissents in a separate opinion.


MARKEWICH, J.

This case presents the problem of resolution of a superficial conflict between two clauses in a separation agreement. The parties were formerly husband and wife, who were divorced in December, 1966, the provisions of a separation agreement entered into a few days earlier having been incorporated into the decree. That agreement provides generously for alimony, to be decreased to a much lesser sum in the event of the wife's remarriage. It...

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