¶1Judgment of separation granting appellant wife support and maintenance in the amount of $250 per week, unanimously modified, on the law, on the facts, and in the exercise of discretion, to increase the award to $325 per week, and the judgment is otherwise affirmed, with costs to plaintiff-appellant. The shift in *652the tax burden resulting from the judgment of separation and the fact that the action was brought only after respondent husband had failed to make payments pursuant to the separation agreement warrant the increase in the award (Kraunz v. Kraunz, 293 N. Y. 152). Settle order. Concur — Breitel, J. P., Babin, McNally, Stevens and Noonan, JJ. [21 Misc 2d 60.]
11 A.D.2d 651
Link v. Link
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 1960
Appellate Division of the Supreme Court of the State of New York · decided 1960-06-14
Relies on Kraunz v. Kraunz
Decided 1960-06-14