Appellate Division of the Supreme Court of New York, 1941

Russo v. Russo

Russo v. Russo
Appellate Division of the Supreme Court of New York · Decided December 15, 1941
263 A.D. 841; 31 N.Y.S.2d 619; 1941 N.Y. App. Div. LEXIS 5215
Russo v. Russo

Opinion of the Court

In an action for specific performance of one of the provisions of a separation agreement, which provides that the wife may apply to the court for an increase in the amount provided for support, order dismissing the complaint upon defendant’s motion under rule 106 of the Rules of Civil Practice affirmed, without costs, on the authority of Stoddard v. Stoddard (227 N. Y. 13) and Johnson v. Johnson (206 id. 561). Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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