Greschler v. Greschler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, J.
This appeal presents the question of whether section 5-311 of the General Obligations Law is constitutional in light of Orr v Orr (440 US 268). We hold that it is unconstitutional insofar as it denies husbands and wives the right to contract to relieve the husband of his liability to support his wife, but does not forbid them to contract to relieve the wife of her duty to support her husband unless he is or is likely to become a public charge.
The parties were married on June 26, 1955 and have three children ages 23, 20 and 16. They entered into a separation…
2Cases cited12 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Orr v. OrrSupreme Court of the United States · 1979
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Christian v. ChristianNew York Court of Appeals · 1977
- Califano v. GoldfarbSupreme Court of the United States · 1977
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3Cited by28 opinions
- Forshey v. JacksonWest Virginia Supreme Court · 2009
- DiMauro v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Edison Stone Corp. v. 42nd Street Development Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Fass v. Nowsco Well Service, Ltd.West Virginia Supreme Court · 1986
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