Smith v. Smith

Judgment unanimously modified, on the law and facts, in accordance with memorandum and as modified affirmed, without costs. Memorandum: While the court properly granted plaintiff judgment for divorce and dismissed defendant’s cause of action for separation it was in error in modifying paragraph 5 of the separation agreement of the parties by increasing the amount of support and maintenance to be paid by plaintiff to defendant from $50 to $75 per week. The courts have consistently followed the holding in Galusha v. Galusha (116 N. Y. 635) that an agreement entered into by the parties which…