BECHER v. BECHER


245 A.D.2d 408 (1997)

667 N.Y.S.2d 50

Mina Becher, Respondent, v. Yehudah Becher, Appellant

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

December 15, 1997


Ordered that the order is reversed, on the law, without costs or disbursements, and the husband's motion is dismissed.

Prior to the trial of this action, the husband moved for a judgment declaring Domestic Relations Law § 236 (B) (5) (h); (6) (d) unconstitutional. These statutes provide that, where appropriate, the court shall consider the effect of a barrier to remarriage when determining equitable distribution and maintenance. Here, the husband had refused...

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