Opinion
November 23, 1942.
Appeal by plaintiff wife from an order denying her motion to modify a judgment of separation so as to grant increased alimony and an allowance for dental services for a child. Order modified on the facts by striking from the ordering paragraph the word "denied" and in place thereof inserting a provision directing respondent to pay to appellant the sum of three dollars a week for dental services for the child, payable each week until the condition of the child's mouth shall have been corrected, the first payment to be made November 30, 1942; and in all other respects denying the motion. As thus modified the order is affirmed, with ten dollars costs and disbursements to appellant. The aggravation of the child's condition since the time of the trial and the undisputed progressive character of the condition, constitute a change in the situation warranting the granting of the allowance. Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ., concur.