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Goldberg v. Goldberg

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1976
54 A.D.2d 837 (N.Y. App. Div. 1976)

Opinion

November 4, 1976


Order and judgment (two papers), Supreme Court, New York County, entered March 6, 1976 and March 16, 1976, respectively, unanimously affirmed, without costs or disbursements. The terms of the separation agreement specifically provided that alimony be terminated upon remarriage. Remarriage is not alleged to have occurred and the court "may not impair the contract freely entered into by the parties" (Leffler v Leffler, 50 A.D.2d 93, 95).

Concur — Markewich, J.P., Silverman, Capozzoli and Lane, JJ.;


I concur on constraint of Leffler v Leffler ( 50 A.D.2d 93). Were it not for that decision, I would reverse the summary judgment determination and remand for proceedings leading to trial. Although the separation agreement between the parties which was incorporated in but not merged in the foreign decree of divorce, refers to remarriage in order to terminate support and maintenance, "habitually living with another man and holding herself out as his wife, although not married to such man" (Domestic Relations Law, § 248; see Matter of Watson v Watson, 39 A.D.2d 660), if proven, should be considered the equivalent.


Summaries of

Goldberg v. Goldberg

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1976
54 A.D.2d 837 (N.Y. App. Div. 1976)
Case details for

Goldberg v. Goldberg

Case Details

Full title:MARTIN M. GOLDBERG, Appellant, v. BETTY L. GOLDBERG, Respondent

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

Date published: Nov 4, 1976

Citations

54 A.D.2d 837 (N.Y. App. Div. 1976)

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