HETTICH v. HETTICH


301 N.Y. 447 (1950)

Lillian B. Hettich, Respondent, v. Ernest L. Hettich, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1950


Attorney(s) appearing for the Case

George Trosk for appellant.

Clifton F. Weidlich for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur in Per Curiam opinion; FULD, J., dissents in memorandum.


Per Curiam.

The third affirmative defense to the first cause of action cannot be a complete defense in view of the admitted failure to pay installments due under the 1932 agreement for the months of June, July and August, 1935. Moreover, the agreement alleged in said defense upon its face violates the public policy exemplified in section 51 of the Domestic Relations Law, in that it has a direct tendency toward dissolving...

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