Mack v. Mack

Order unanimously reversed on the law without costs and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: In a separation agreement, plaintiff agreed to pay the college expenses of his children. The agreement did not expressly confer upon plaintiff the right to select the particular college either child would attend, and we reject plaintiff’s claim that he had the unilateral right to do so. An award for college expenses, however, must be based upon reason and practicality, not mere desirability or the whim and caprice of the…