SILVER v. SILVER


204 A.D.2d 302 (1994)

614 N.Y.S.2d 140

Morris P. Silver, Appellant, v. Aileen Silver, Respondent. (And Another Title.)

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

May 2, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the hearsay affidavits alleging breaches of restrictions contained in a 1985 amendment to the parties' 1975 separation agreement were insufficient to defeat the cross motion for summary judgment (see, Lopata v Lopata, 196 A.D.2d 741). In addition, the allegations of pre-1985 breaches of the cohabitation...

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