Legal Opinion
Colla-Negri v. Colla-Negri
New York Supreme Court
Decided September 25, 1959PublishedCited by 1 opinion
1Opinion of the CourtCharles A. Loreto, J.
Motion to confirm a Referee’s report is denied.
The court construes paragraph “Fifth” of the separation agreement dated April 12,1956, as violative of section 51 of the Domestic Relations Law. An agreement which arbitrarily permits the husband to determine the measure of support which he shall provide for his wife is void. In Tirrell v. Tirrell (232 N. Y. 224, 229) it was said: “ The manner in which the wife is to be supported by the husband in a discharge of the obligation imposed upon him is not dependent upon any whim or caprice on his part, neither is he permitted to arbitrarily determine…
2Cases cited10 opinions
- Tirrell v. . TirrellNew York Court of Appeals · 1921
- Haas v. HaasNew York Court of Appeals · 1948
- Kyff v. KyffNew York Court of Appeals · 1941
- Schiff v. SchiffAppellate Division of the Supreme Court of the State of New York · 1946
- Rubinfeld v. RubinfeldAppellate Division of the Supreme Court of the State of New York · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Langenthal v. American Stuyvesant GarageCivil Court of the City of New York · 1972