Haas v. Haas
New York Court of Appeals
I. A separation agreement which relieves the husband from his liability to support his wife for reasons other than marital misconduct is void. (Querse v. Querse, 290 N. Y. 13; Matter of Rhinelander, 290 N. Y. 31; Kyff v. Kyff, 286 N. Y. 71; Jackson v. Jackson, 290-N. Y. 512; Tirrell v. Tirrell, 232 N. Y. 224; Dworkin v. Dworkin, 247 App. Div. 213; Goldman v. Goldman, 282 N. Y. 296; Garlock v. Garlock, 279 Y. 337; Leeds v. Leeds, 265 App.
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I. A separation agreement which relieves the husband from his liability to support his wife for reasons other than marital misconduct is void. (Querse v. Querse, 290 N. Y. 13; Matter of Rhinelander, 290 N. Y. 31; Kyff v. Kyff, 286 N. Y. 71; Jackson v. Jackson, 290-N. Y. 512; Tirrell v. Tirrell, 232 N. Y. 224; Dworkin v. Dworkin, 247 App. Div. 213; Goldman v. Goldman, 282 N. Y. 296; Garlock v. Garlock, 279 Y. 337; Leeds v. Leeds, 265 App. Div. 189; Moore v. Moore, 59 N. Y. S. 2d 22.) II. Special Term erred in holding that the burden of proof rested upon the wife to establish “ that she was not…
1Opinion of the CourtFuld, J.
The parties to this separation suit, married in 1924, separated early in 1945, and in May of that year entered into an agreement pursuant to which the husband was to pay the wife $100 a week for her maintenance and support (paragraph fourth). It was further agreed that “ in the event the Wife shall engage in a retail business in the City of New Rochelle, Westchester County, New York, similar to that conducted by the Husband under the name of Haas Linen Shop, either as owner, part owner or stockholder, her right to alimony shall be suspended so long as she is so engaged ” (paragraph eighth).
The…
2Cases cited13 opinions
- Goldman v. GoldmanNew York Court of Appeals · 1940
- In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
- Garlock v. GarlockNew York Court of Appeals · 1939
- Tirrell v. . TirrellNew York Court of Appeals · 1921
- Kyff v. KyffNew York Court of Appeals · 1941
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3Cited by55 opinions
- McMains v. McMainsNew York Court of Appeals · 1965
- Moat v. MoatAppellate Division of the Supreme Court of the State of New York · 1967
- Federal Deposit Insurance Co., Cross-Appellant v. Leonard Malin, and Phyllis Malin, Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
- Nusbaum v. NusbaumAppellate Division of the Supreme Court of the State of New York · 1952
- Smith v. JonesNew York City Family Court · 1964
50 more not listed; retrieve them via the Exa API.