Blaufarb v. Blaufarb

I agree with the majority that this court has the power to modify the decree and grant the relief sought. (Hoops v. Hoops, 292 N. Y. 428; Civ. Prac. Act, § 1170.) I dissent, however, as to our use of that power in the instant case. In 1955 there was a post-divorce agreement of settle*92ment voluntarily arrived at in which plaintiff was represented by competent counsel. Payment was made to plaintiff in accordance with the terms of the agreement.

There is now neither pressing need nor danger that the plaintiff wife will become a public charge. (Cf. Hoops v. Hoops, 269 App. Div. 968; Kennedy v.…