NEIMAN v. NEIMAN


108 A.D.2d 704 (1985)

Blossom Neiman, Respondent, v. Leonard Neiman, Appellant

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

February 28, 1985


Plaintiff brought this action to recover under the escalation provision contained in a separation agreement subsequently incorporated, but not merged into, a divorce decree. Defendant counterclaimed, alleging overpayments. The agreement was entered into on September 29, 1967 and was followed by a Mexican divorce entered on October 3, 1967. The agreement provided for alimony and for support and maintenance of the child of the marriage. It also provided for escalation of alimony...

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