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Gershen v. Gershen

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1986
120 A.D.2d 641 (N.Y. App. Div. 1986)

Opinion

May 19, 1986

Appeal from the Supreme Court, Suffolk County (Collins, J.).


Order dated May 7, 1985, affirmed insofar as appealed from.

The plaintiff is awarded one bill of costs.

Special Term did not err in denying, without a hearing, the husband's motion pursuant to Domestic Relations Law § 248 to modify the judgment of divorce so as to delete the payment of maintenance to the wife. A former husband who moves to terminate his maintenance payments pursuant to this section must not only demonstrate that his former wife is cohabiting with another man but also conduct by her amounting to "holding herself out" as that man's wife (Matter of Bliss v Bliss, 66 N.Y.2d 382). In the instant case there was an insufficient basis upon which to direct a hearing on the issue of whether the holding out requirement was met. Mollen, P.J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

Gershen v. Gershen

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1986
120 A.D.2d 641 (N.Y. App. Div. 1986)
Case details for

Gershen v. Gershen

Case Details

Full title:LORRAINE M. GERSHEN, Respondent, v. WILLIAM G. GERSHEN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 19, 1986

Citations

120 A.D.2d 641 (N.Y. App. Div. 1986)

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