ARMAS v. ARMAS


172 A.D.2d 1084 (1991)

Caridad Armas, Appellant, v. Evelio Armas, Respondent

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

April 26, 1991


Order unanimously reversed on the law without costs, income execution reinstated and matter remitted to Supreme Court for a hearing, in accordance with the following Memorandum: Supreme Court erred in granting defendant's application to vacate the maintenance provision of the divorce judgment on the ground that plaintiff was habitually living with another man. Cohabitation alone is insufficient as a matter of law. The court was obligated to determine whether plaintiff was...

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