Scharnweber v. Scharnweber

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Special Term erred in relieving Karl Scharnweber of his obligation to pay alimony to Margaret Scharnweber. The court found that an unrelated male was living in the former marital residence in violation of an agreement incorporated in the divorce decree. The record does not support the court’s finding. On the contrary, the evidence established that they do not share household expenses or a bedroom and do not function as an economic…