Blaine v. Blaine

Appellate Division of the Supreme Court of New York

Blaine v. Blaine

20 A.D.2d 903, 248 N.Y.S.2d 960, 1964 N.Y. App. Div. LEXIS 4027

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

DecidedApril 13, 1964

StatusPublished

Cited by3 cases

This text of 20 A.D.2d 903 (Blaine v. Blaine) 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

Blaine v. Blaine, 20 A.D.2d 903, 248 N.Y.S.2d 960, 1964 N.Y. App. Div. LEXIS 4027 (N.Y. Ct. App. 1964).

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Opinion

In an action for a separation, in which the defendant husband asserted a counterclaim for the replevin of household furnishings and a counterclaim for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County, dated January 17, 1964, which granted plaintiff’s motion and directed him to pay $500 to the plaintiff for her “probable expenses” in defending against his counterclaims. Order reversed, with $10 costs and disbursements, and motion denied. There is no statutory authority for such an order; hence, Special Term lacked the power to make it. Even if it were authorized, the order would be improper on this record, since the wife did not show that she needed financial assistance to enable her to defend against the husband’s counterclaims. Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

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In an action for a separation, in which the defendant husband asserted a counterclaim for the replevin of household furnishings and a counterclaim for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County, dated January 17, 1964, which granted plaintiff’s motion and directed him to pay $500 to the plaintiff for her “probable expenses” in defending against his counterclaims. Order reversed, with $10 costs and disbursements, and motion denied. There is no statutory authority for such an order; hence, Special Term lacked the power to make it. Even if it were authorized, the order would be improper on this record, since the wife did not show that she needed financial assistance to enable her to defend against the husband’s counterclaims. Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

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Bluebook (online)

20 A.D.2d 903, 248 N.Y.S.2d 960, 1964 N.Y. App. Div. LEXIS 4027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaine-v-blaine-nyappdiv-1964.

Opinion

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