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Bethune v. Bethune

46 N.Y.2d 897 Court N.Y. Decision date 1979-02-15 English

Contents

Majority

p. 897
Scott M. Bethune, Appellant, v Alexander J. Bethune, Respondent.
Argued January 11, 1979;
decided February 15, 1979
p. 898
APPEARANCES OF COUNSEL
L. Mifflin Hayes and Morton Mondschein for appellant.
Alexander Potruch, Kenneth Koopersmith and Michael K. Feigenbaum for respondent.
p. 899
OPINION OF THE COURT

Order reversed, with costs, and the judgment of Supreme Court, Nassau County, reinstated for the reasons stated in the opinion by Mr. Justice James F. Niehoff at Trial Term.

Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judge Jasen dissents and votes to affirm in the following memorandum: I would agree with the majority at the Appellate Division that the separation agreement construed as an entity, does not mandate an open-ended obligation to provide university tuition and "living expenses” to an emancipated adult child.