Lindbloom v. Lindbloom

Doerr, J. (dissenting).

I agree that Special Term erred in modifying the judgment of divorce as it related to the insurance policies. However, since the court which granted the original judgment of separation and then the conversion divorce decree was without authority to order the husband to provide life insurance for the benefit of his wife and children (see, Enos v Enos, 41 AD2d 642; see also, Fersko v Fersko, 76 AD2d 854; Gordon v Gordon, 71 AD2d 911; Metz v Metz, 57 AD2d 800; contrast, Domestic Relations Law § 236 [B] [8] [a]), such provision improperly was included in the decree.

I would…