Legal Opinion

Leffler v. Leffler

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

Decided December 16, 1975PublishedCited by 30 opinions

1Opinion of the CourtLupiano, J.

In this declaratory judgment action, plaintiff seeks a declaration that he is not obligated to pay alimony to defendant pursuant to their written separation agreement. The parties were married in February, 1961. In August, 1969, they entered into a separation agreement which provided in paragraph 6 thereof that the husband shall pay alimony to the wife "[djuring the life of the [w]ife and until the [w]ife shall remarry”. Subsequently, a Mexican decree of divorce was obtained by the plaintiff. The terms of the separation agreement were incorporated in, but not merged with the decree. In…

2Cases cited5 opinions

  1. Goldman v. GoldmanNew York Court of Appeals · 1940
  2. Johnson v. . JohnsonNew York Court of Appeals · 1912
  3. Stoddard v. . StoddardNew York Court of Appeals · 1919
  4. Nusbaum v. NusbaumAppellate Division of the Supreme Court of the State of New York · 1952
  5. Levine v. LevineNew York Supreme Court · 1974

3Cited by30 opinions

  1. Merl v. MerlNew York Court of Appeals · 1986
  2. Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
  3. Northrup v. NorthrupNew York Court of Appeals · 1978
  4. Litwack v. LitwackSuperior Court of Pennsylvania · 1981
  5. Leffler v. LefflerNew York Court of Appeals · 1976

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