Fischbein v. Fischbein

Order, Supreme Court, New York County, entered November 24, 1976, denying petitioner’s application for an order requiring respondent to comply with the visitation provisions in their separation agreement, unanimously reversed, on the law, without costs and without disbursements, and the matter remanded for an evidentiary hearing. Generally, visitation rights set forth in a separation agreement should only be altered after a full evidentiary hearing. (Feuer v Feuer, 46 AD2d 610; Treff v Treff, 7 AD2d 842.) The lower court denied the petitioner’s present application to enforce his visitation…