PALMIERI v. PALMIERI


909 A.2d 1138 (2006)

388 N.J. Super. 562

Theresa PALMIERI, Plaintiff-Appellant/Cross-Respondent, v. Angelo PALMIERI, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 2006.


Attorney(s) appearing for the Case

Howard B. Felcher, New York City, argued the cause for appellant/cross-respondent (Howard B. Felcher, attorneys; Mr. Felcher, of counsel and on the brief; Jason A. Mizrahi, on the brief).

Deborah E. Nelson, Short Hills, argued the cause for respondent/cross-appellant (Budd Larner, attorneys; Ms. Nelson, of counsel and on the brief; Christina M. Reger, on the brief.).

Before Judges DONALD S. COBURN, R.B. COLEMAN and GILROY.


The opinion of the court was delivered by

R.B. COLEMAN, J.A.D.

Plaintiff, Theresa Palmieri, appeals from an order dated July 15, 2005, terminating the alimony obligation of defendant, Angelo Palmieri, pursuant to a clause in their property settlement agreement, retroactive to July 7, 2005. That clause provides, among other things, that the husband's obligation to pay alimony shall terminate on "the [w]ife's residing with an unrelated person or vice versa,...

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