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WYSER-PRATTE v. WYSER-PRATTE

66 N.Y.2d 715 (1985)

Guy P. Wyser-Pratte, Respondent, v. Judith N. Wyser-Pratte, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1985.

Attorney(s) appearing for the Case

Joel R. Brandes for appellant.

Joseph Ferraro for respondent.

Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Chief Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for a hearing on whether defendant's alleged inability to be self-supporting is such as to warrant an upward modification of maintenance.

Since defendant was seeking modification of maintenance on the basis of her "inability to be self-supporting" (Domestic Relations Law § 236 [B] [9] [b])...

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