Mary W. Livingston, Respondent v. William S. Livingston, Appellant

Summary

The Court affirmed the Special Term's order reducing alimony, holding that chapter 742 of the Laws of 1900, which permits retroactive modification of alimony judgments, is unconstitutional because alimony awards constitute vested property rights protected by due process. The dissent argued the statute was constitutional and that alimony is not a protected property right.