Hoeflich v. Chemical Bank
Opinion of the Court
Order of the Supreme Court, New York County (Walter M. Schackman, J.), entered December 12, 1986, denying plaintiff-appellant Betty Sachs Hoeflich’s motion for summary judgment against defendant-respondent Chemical Bank, as executor of the estate of Marvin L. Hoeflich, unanimously reversed, on the law, and plaintiff-appellant’s motion for summary judgment is granted, without costs.
Plaintiff-appellant, Betty Hoeflich, and her late husband, Marvin Hoeflich, married in October 1971. They entered into a separation agreement in April 1973, which survived their divorce. The agreement provided that Mr. Hoeflich pay alimony to Mrs. Hoeflich for the remainder of her life or until she remarried. Mr. Hoeflich died on April 20, 1984 and the alimony payments ceased. Mrs. Hoeflich, who is still alive and has not remarried, claims the payments should continue. She commenced this action against defendant-respondent Chemical Bank as the executor of her former husband’s estate. She sought summary judgment and assessment of damages. Chemical Bank opposed summary judgment so it could look into the circumstances surrounding the execution of the separation agreement.
Supreme Court denied Mrs. Hoeflich’s motion for summary judgment. We reverse.
The Court of Appeals construed a nearly identical clause which provided for support payments until the wife died or
Case-law data current through December 31, 2025. Source: CourtListener bulk data.