Legal Opinion

Heath v. Heath

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1987PublishedCited by 9 opinions

1Opinion of the Court

In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Nassau County (Collins, J.), dated December 13, 1985, which, inter alia, denied his application for a downward modification of maintenance.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a hearing consistent herewith.

Special Term improperly refused to address the plaintiff’s application for downward modification of the maintenance provisions of the separation agreement which, while not merged into the judgment of…

2Cases cited2 opinions

  1. Pintus v. PintusAppellate Division of the Supreme Court of the State of New York · 1984
  2. Busetti v. BusettiAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by9 opinions

  1. Cohen v. SeletskyAppellate Division of the Supreme Court of the State of New York · 1988
  2. Prisco v. BuxbaumAppellate Division of the Supreme Court of the State of New York · 2000
  3. Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
  4. Soba v. SobaAppellate Division of the Supreme Court of the State of New York · 1995
  5. Harkavy v. HarkavyAppellate Division of the Supreme Court of the State of New York · 1990

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