Galluccio v. Galluccio

Appellate Division of the Supreme Court of New York

Galluccio v. Galluccio

75 A.D.2d 839, 428 N.Y.S.2d 1007, 1980 N.Y. App. Div. LEXIS 11443

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 1980

StatusPublished

This text of 75 A.D.2d 839 (Galluccio v. Galluccio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galluccio v. Galluccio, 75 A.D.2d 839, 428 N.Y.S.2d 1007, 1980 N.Y. App. Div. LEXIS 11443 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a matrimonial action, plaintiff appeals from an order of the Supreme Court, Westchester County, entered November 19, 1979, which (1) denied her application, inter alia, to compel the defendant to pay alimony arrears and (2) determined that her entitlement to alimony ceased effective September 21, 1979, under the terms of the separation agreement. Order reversed, without costs or disbursements, and matter remanded to Special Term for a hearing consistent herewith. In our view, a full hearing is required on the question of whether plaintiff and her male companion’s conduct constituted residing together as intended by the parties’ separation agreement. Titone, J. P., Mangano, Martuscello and Weinstein, JJ., concur.

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In a matrimonial action, plaintiff appeals from an order of the Supreme Court, Westchester County, entered November 19, 1979, which (1) denied her application, inter alia, to compel the defendant to pay alimony arrears and (2) determined that her entitlement to alimony ceased effective September 21, 1979, under the terms of the separation agreement. Order reversed, without costs or disbursements, and matter remanded to Special Term for a hearing consistent herewith. In our view, a full hearing is required on the question of whether plaintiff and her male companion’s conduct constituted residing together as intended by the parties’ separation agreement. Titone, J. P., Mangano, Martuscello and Weinstein, JJ., concur.

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Bluebook (online)

75 A.D.2d 839, 428 N.Y.S.2d 1007, 1980 N.Y. App. Div. LEXIS 11443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galluccio-v-galluccio-nyappdiv-1980.