Winter v. Winter

Kupferman, J. P.

This is a conversion action for divorce by the plaintiff husband, pursuant to section 170 (subd. [5]) of the Domestic Relations Law, based on his wife’s long prior separation decree. (Gleason v. Gleason, 26 N Y 2d 28.)

The parties were married in 1923, and the husband is 77 years of age and the wife 72. There is one adult issue. The wife was granted a judgment of separation in 1949 with alimony fixed at $45 a week. By stipulation, in 1957 an order was entered increasing the alimony to $60 a week.

The trial court considered the question of alimony de novo on the wife’s…