Oritzland v. Oritzland

Appeal from so much of an order as denied appellant’s motion to enter judgment, pursuant to section 1171-b of the Civil Practice Act, for arrears in permanent alimony. Order insofar as appealed from reversed, without costs, and motion to enter judgment referred to the Special Term to decide, after a hearing before the court or a referee, whether there was an agreement to waive the payments of alimony provided for in the judgment of divorce, and a waiver. The inquiry should also consider the financial circumstances of the parties during the time involved and at the time of the hearing. On…