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RUBIN v. RUBIN

119 A.D.2d 152 (1986)

Jane Rubin, as Parent and Natural Guardian of Jordan Rubin, an Infant, et al., Respondents, v. Burton Rubin, Appellant

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

August 21, 1986

Attorney(s) appearing for the Case

Howard N. Beldock of counsel (Javits, Robinson, Brog, Leinwand & Reich, P. C., attorneys), for appellant.

Benedict Ginsberg of counsel (Robert D. Sommerfield and Steven E. Weiss with him on the brief; Benedict Ginsberg, Sommerfield & Weiss, attorneys), for respondent.

SANDLER and KASSAL, JJ., concur with LYNCH, J.; MURPHY, P. J., and ELLERIN, J., dissent in part in an opinion by ELLERIN, J.

LYNCH, J.

In 1976, the plaintiff Jane Rubin and the defendant Burton Rubin, each represented by experienced counsel, entered into a separation agreement after five years of marriage. The couple had one child, then four years old. The defendant agreed to pay child support of $500 a month, $1,000 a year toward nursery school tuition, and $3,500 a year toward primary and secondary school tuition. Both parents expressed...

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