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Janusz v. Janusz

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 13, 1979
69 A.D.2d 1004 (N.Y. App. Div. 1979)

Opinion

April 13, 1979

Appeal from the Erie Supreme Court.

Present — Cardamone, J.P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.


Order unanimously affirmed, with costs to plaintiff. Memorandum: In affirming we reject appellant's contention that the order appealed from should have modified the judgment of divorce of the parties, granted September 14, 1970, to delete any order for the payment of alimony by the appellant to the respondent. There is no support in the record for appellant's allegation that prior to the divorce of the parties respondent agreed to waive her right to alimony upon the sale of jointly held property in exchange for appellant's consent to a default divorce. In any event, such an agreement would be prohibited by General Obligations Law (§ 5-311) (see Reed v. Robertson, 302 N.Y. 596). Nor can the agreement between the parties executed December 18, 1974 be interpreted as a waiver of alimony.


Summaries of

Janusz v. Janusz

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 13, 1979
69 A.D.2d 1004 (N.Y. App. Div. 1979)
Case details for

Janusz v. Janusz

Case Details

Full title:FLORENCE JANUSZ, Respondent-Appellant, v. WALTER JANUSZ…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 13, 1979

Citations

69 A.D.2d 1004 (N.Y. App. Div. 1979)