Ordered that the order is modified, on the law and the facts, by deleting the provision thereof denying those branches of the defendant's motion which were to dismiss the causes of action seeking a refund of maintenance and child support payments and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the defendant.
In August 2004 the plaintiff husband...
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