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Hunter v. Hunter

Appellate Division of the Supreme Court of New York, First Department
May 19, 1977
57 A.D.2d 797 (N.Y. App. Div. 1977)

Opinion

May 19, 1977


Order and judgment, Supreme Court, New York County, entered November 4, 1976, which granted plaintiff summary judgment, unanimously affirmed, without costs and without disbursements, for the reasons stated at Special Term. This is without prejudice to a submission pursuant to the separation agreement of April 17, 1973 between the parties, to the court under the provisions of the New York Simplified Procedure for court determination of disputes, CPLR 3031, et seq., of the contention by the husband of a substantial change in circumstances leading to a diminution of the amount of alimony. The provision in the separation agreement for conferring jurisdiction for amounts "thereafter to be paid" is proper. Stoddard v Stoddard ( 227 N.Y. 13) was determined long before the procedural devices which permit submission. To look into a change of circumstances in marital support cases is not uncommon. (Kover v Kover, 29 N.Y.2d 408.) However, the agreement contemplated the submission of a contention of change for the future and not retroactively.

Concur — Kupferman, J.P., Evans, Capozzoli, Lane and Yesawich, JJ.


Summaries of

Hunter v. Hunter

Appellate Division of the Supreme Court of New York, First Department
May 19, 1977
57 A.D.2d 797 (N.Y. App. Div. 1977)
Case details for

Hunter v. Hunter

Case Details

Full title:ANITA HUNTER, Respondent, v. EVAN HUNTER, Appellant

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

Date published: May 19, 1977

Citations

57 A.D.2d 797 (N.Y. App. Div. 1977)

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