Ben Ami v. Ben Ami

Full title: MICHAEL M. BEN AMI et al., Infants, by MARCIA BEN AMI MICHEL, Their…

Court: Court of Appeals of the State of New York

Date published: Jul 8, 1960

169 N.E.2d 430 (N.Y. 1960)

205 N.Y.S.2d 339

8 N.Y.2d 1002

Opinion

Submitted July 7, 1960

Decided July 8, 1960

Motion to amend remittitur denied. The children lack status to sue on the separation agreement. It is the wife and mother alone who has the right to bring suit on such separation agreement and she may enforce the promises which relate to the children as well as to herself, subject to defenses, if any.