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PETERSEN v. PETERSEN

172 N.J. Super. 304 (1980)

411 A.2d 1165

ADRIENNE E. PETERSEN, PLAINTIFF-APPELLANT, v. RUSSELL PETERSEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1980.

Attorney(s) appearing for the Case

Arnold Koenig argued the cause for appellant.

Gerald Goldman argued the cause for respondent (Goldman, Carlet, Garrison, Bertoni & Bitterman, attorneys).

Before Judges CRANE, MILMED and KING.

The opinion of the court was delivered by KING, J.A.D.

The Chancery Division held that an escalation clause in the alimony provision of a July 19, 1966 judgment nisi was void as against public policy, relying on our decision in DiTolvo v. DiTolvo, 131 N.J.Super. 72 (App.Div. 1974). The clause was identical to the alimony clause in a "stipulation of settlement" between the parties entered into on June 10, 1966...

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