Legal Opinion

Lomascolo v. Lomascolo

Civil Court of the City of New York

Decided January 10, 1975PublishedCited by 1 opinion

1Opinion of the CourtMartha Zelman, J.

Before the Bench is an action by plaintiff in the sum of $2,583 representing nine monthly support payments pursuant to a separation agreement executed on August 31, 1967 and incorporated in a divorce decree granted in Chihuahua, ithe Republic of Mexico. Strangely enough the defendant husband was the moving party in the divorce action. Today, eight years later, defendant in his answer alleges two affirmative defenses and .counterclaims; “ that defendant-husband was duressed and coerced into execution of the Separation Agreement and that the plaintiff-wife was physically and mentally infirmed…

2Cases cited2 opinions

  1. Kwoczka v. Dry Dock Savings BankCivil Court of the City of New York · 1966
  2. Wynn v. WynnNew York Supreme Court · 1947

3Cited by1 opinion

  1. M. Lowenstein & Sons, Inc. v. AustinDistrict Court, S.D. New York · 1977

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