HOEFLICH v. CHEM. BANK


142 A.D.2d 374 (1989)

Betty S. Hoeflich, Respondent, v. Chemical Bank, as Executor of Marvin L. Hoeflich, Deceased, Appellant

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

January 12, 1989


Attorney(s) appearing for the Case

Donald E. Byrne for appellant.

Richard A. Kerner for respondent.

SULLIVAN, KASSAL, ELLERIN and SMITH, JJ., concur.


KUPFERMAN, J. P.

The parties entered into a separation agreement in 1973, which expressly provided that it would survive their divorce and be forever binding upon the parties and their legal representatives. It required that the husband pay alimony of $125 a week for the rest of the wife's life or until she remarried.

At common law, the death of either the recipient or the obligor terminated prior court...

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