Blaufarb v. Blaufarb

Breitel, J. P.

(concurring). On the authority of Hoops v. Hoops (269 App. Div. 968), and Kennedy v. Kennedy (283 App. Div. 1040, affd. 308 N. Y. 944), I concur in the majority opinion.

While it is true that section 1170 of the Civil Practice Act confers power on the court to modify a final judgment, one would have thought that the parties by contract, fair and fairly arrived at, could waive their rights under the statute, except perhaps when there is danger of one of them becoming a public charge, or when one of them has become a public charge.

But the real rub is that the effect of holdings…