SCHAPIRO v. SCHAPIRO


260 A.D.2d 256 (1999)

688 N.Y.S.2d 535

MICHELLE SCHAPIRO, Respondent, v. JOEL SCHAPIRO, Appellant.

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

Decided April 20, 1999.


It was error to deny defendant-husband a hearing on his cross-motion to terminate maintenance payments based on plaintiff-wife's alleged cohabitation with another man in violation of the terms of the parties' antenuptial agreement. The IAS Court relied upon what the parties' eight-year-old daughter stated during an in camera examination. In another context, this brief interview might be relied upon to provide additional relevant information on the issue. Here, however, the...

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