Kover v. Kover

Concur — Stevens, P. J., Markewich, Nunez and Eager, JJ.; Capozzoli, J., dissents in the following memorandum: I dissent and vote to modify the judgment of divorce awarded to plaintiff-appellant so as to provide for payment of alimony, in an amount of $125 per month. The following facts are not in dispute. Plaintiff sought a divorce, pursuant to the provisions of subdivision (5) of section 170 of the Domestic Relations Law, having, more than two years earlier, obtained a judgment of separation, based upon defendant’s abandonment of her. In the present action defendant did not contest his…