Legal Opinion

Blaufarb v. Blaufarb

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

Decided October 22, 1959PublishedCited by 3 opinions

1Opinion of the CourtRabin, J.

In this proceeding the plaintiff moves to amend the final decree of divorce rendered in her favor so as to provide for her support. Subsequent to the entry of that decree, which provided no alimony, for her, the wife entered into an agreement waiving all claims for alimony, past, present or future and at the same time executed a release in favor of her husband.

The first question posed is whether this court has the power under section 1170 of the Civil Practice Act to amend the decree despite the post-decree agreement and the release that was executed in connection therewith. Should such power…

2Cases cited2 opinions

  1. Hoops v. HoopsNew York Court of Appeals · 1944
  2. Hoops v. HoopsAppellate Division of the Supreme Court of the State of New York · 1945

3Cited by3 opinions

  1. In Re the Marriage of OlsenCourt of Appeals of Washington · 1979
  2. Estate of Fabrikant v. CommissionerUnited States Tax Court · 1963
  3. Estate of Fabrikant v. CommissionerUnited States Tax Court · 1963

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