PRIEBE v. PRIEBE


55 N.Y.2d 997 (1982)

Kitty A. Priebe, Also Known as Kitty A. Fox, Appellant, v. John A. Priebe, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1982.


Attorney(s) appearing for the Case

Mark G. Hirschorn and Sharon S. Townsend for appellant.

Leonard J. Klaif for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The parties sought, on the basis of cross motions, to modify the visitation provisions of their separation agreement which was incorporated into, but not merged with, the divorce decree terminating their marriage. It was within the discretion of the Appellate Division to determine whether the...

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