DENBERG v. FRISCHMAN


17 N.Y.2d 778 (1966)

Jerome A. Denberg, Respondent, v. Edna R. D. Frischman, Defendant-Appellant and Third-Party Plaintiff. Annette Frischman et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided April 28, 1966.


Attorney(s) appearing for the Case

Louis A. Breslerman for appellant.

Garry G. Blaustein for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and SCILEPPI. Judge KEATING dissents in the following opinion in which Judge BERGAN concurs.


Order affirmed upon the opinion at the Appellate Division, without costs.

KEATING, J. (dissenting).

The plaintiff seeks a declaration that he is no longer bound to support his former wife pursuant to the terms of a separation agreement, and that she must relinquish her rights as beneficiary of certain life insurance policies pursuant to the same agreement, on the ground that his obligations continued only "so long as she [did] not remarry".

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