GALYN v. SCHWARTZ


56 N.Y.2d 969 (1982)

Rhoda Galyn, Respondent, v. Lawrence Schwartz, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1982.


Attorney(s) appearing for the Case

Beatrice Rothaus for appellant.

Maris Bibelnieks and Dzintra Bibelnieks for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, so as to deny counsel fees to plaintiff wife, and, as so modified, affirmed.

We agree with the Appellate Division's disposition of the defendant husband's Statute of Limitations defense for reasons stated in its opinion. We also agree that a party to a separation agreement may not...

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