Salas v. Salas

Spatt, J.,

dissents and votes to affirm the order appealed from, with the following memorandum: The issue squarely presented is whether the defendant has proven by a fair preponderance of the evidence that the plaintiff, his former wife, was "living together with another male unrelated by blood” which would terminate his maintenance obligations and permit sale of the marital home pursuant to the express terms of a stipulation of settlement. In my view, the proof adduced at trial reveals that the plaintiff violated the stipulation by living with such a male.

The parties were married in 1967 and…