Behr v. Behr

Appellate Division of the Supreme Court of New York

Behr v. Behr

1 A.D.2d 875, 150 N.Y.S.2d 544, 1956 N.Y. App. Div. LEXIS 6012

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 1956

StatusPublished

This text of 1 A.D.2d 875 (Behr v. Behr) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Behr v. Behr, 1 A.D.2d 875, 150 N.Y.S.2d 544, 1956 N.Y. App. Div. LEXIS 6012 (N.Y. Ct. App. 1956).

Pincite

Opinion

The earnings and resources of the husband, considered with the earning capacity of the wife, do not presently warrant the direction to pay $35 a week alimony. The counsel fee of $550 previously allowed was entirely adequate and the direction at the trial to pay $100 more was not indicated. The wife has been allowed $750 additional counsel fees and disbursements on this appeal, so that the total legal expenses payable by the husband are $1,300. Judgment unanimously modified so as to provide that alimony be directed in the sum of $20 a week and by striking out the provision for additional counsel fee of $100 and, as so modified, affirmed, without costs. Settle order on notice. Concur — Breitel, J. P., Rabin, Cox, Frank and Bergan, JJ.

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The earnings and resources of the husband, considered with the earning capacity of the wife, do not presently warrant the direction to pay $35 a week alimony. The counsel fee of $550 previously allowed was entirely adequate and the direction at the trial to pay $100 more was not indicated. The wife has been allowed $750 additional counsel fees and disbursements on this appeal, so that the total legal expenses payable by the husband are $1,300. Judgment unanimously modified so as to provide that alimony be directed in the sum of $20 a week and by striking out the provision for additional counsel fee of $100 and, as so modified, affirmed, without costs. Settle order on notice. Concur — Breitel, J. P., Rabin, Cox, Frank and Bergan, JJ.

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Bluebook (online)

1 A.D.2d 875, 150 N.Y.S.2d 544, 1956 N.Y. App. Div. LEXIS 6012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/behr-v-behr-nyappdiv-1956.