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SZEMANSCO v. SZEMANSCO

11 A.D.3d 787 (2004)

783 N.Y.S.2d 681

JOHN SZEMANSCO, JR., Appellant, v. MARCIA M. SZEMANSCO, Respondent.

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

October 21, 2004.

Carpinello, J.

Pursuant to the parties' 1999 judgment of divorce, plaintiff is obligated to pay defendant $400 per week in spousal maintenance until he turns 65 or retires, whichever event occurs later in time (285 A.D.2d 851 [2001]). In 2003, plaintiff sought to eliminate this obligation on the ground that, among other things, defendant was holding herself out as another man's wife pursuant to Domestic Relations Law § 248...

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