Legal Opinion
Dworkin v. Dworkin
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 1936PublishedCited by 15 opinions
1Per curiam
The separation agreement entered into between plaintiff and defendant prior to the entry of the interlocutory judgment in the action for absolute divorce is void upon its face. Under its provisions, plaintiff contracted to relieve the defendant of his liability to support her without any valid consideration for the promise. Such an agreement is against the settled policy of this State (Kershner v. Kershner, 244 App. Div. 34, 36; affd., 270 N. Y. 642; Kunker v. Kunker, 230 App. Div. 641, 643), is expressly prohibited by statute (Dom. Rel. Law, § 51) and may be disregarded. (Mabbett v. Mabbett,…
2Cases cited4 opinions
- Kunker v. KunkerAppellate Division of the Supreme Court of the State of New York · 1930
- Farnham v. FarnhamAppellate Division of the Supreme Court of the State of New York · 1923
- Kershner v. KershnerAppellate Division of the Supreme Court of the State of New York · 1935
- Mabbett v. MabbettAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by15 opinions
- Van Dyke v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1951
- Ferro v. BolognaNew York Court of Appeals · 1972
- Schiff v. SchiffAppellate Division of the Supreme Court of the State of New York · 1946
- Altman v. Curtiss-Wright Corp.Court of Appeals for the Second Circuit · 1941
- Stahl v. StahlAppellate Division of the Supreme Court of the State of New York · 1962
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