Booke v. Booke

Appellate Division of the Supreme Court of New York

Booke v. Booke

1 A.D.2d 782, 147 N.Y.S.2d 697, 1956 N.Y. App. Div. LEXIS 6626

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

DecidedJanuary 16, 1956

StatusPublished

This text of 1 A.D.2d 782 (Booke v. Booke) 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

Booke v. Booke, 1 A.D.2d 782, 147 N.Y.S.2d 697, 1956 N.Y. App. Div. LEXIS 6626 (N.Y. Ct. App. 1956).

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Opinion

In an action by a husband for separation on the grounds of abandonment and cruelty, his wife counterclaimed for a separation on the ground of abandonment. The appeal is from a judgment entered after trial insofar as it grants a separation to the husband on the grounds of abandonment and cruelty, dismisses the wife’s counterclaim, and directs respondent to pay appellant $15 a week for the support of the infant child of the parties, whose custody was awarded to appellant. Judgment modified on the law and the facts by striking therefrom the words “ the cruel and inhuman treatment of the plaintiff, Morris Booke, by the defendant, Tillie Booke, and ” wherever they appear. As so modified, judgment unanimously affirmed, without costs. Findings of fact inconsistent herewith are reversed and new findings will be made as indicated herein. In our opinion, respondent failed to prove cruel and inhuman treatment by appellant. Present — Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ. Settle order on notice. [207 Misc. 999.]

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In an action by a husband for separation on the grounds of abandonment and cruelty, his wife counterclaimed for a separation on the ground of abandonment. The appeal is from a judgment entered after trial insofar as it grants a separation to the husband on the grounds of abandonment and cruelty, dismisses the wife’s counterclaim, and directs respondent to pay appellant $15 a week for the support of the infant child of the parties, whose custody was awarded to appellant. Judgment modified on the law and the facts by striking therefrom the words “ the cruel and inhuman treatment of the plaintiff, Morris Booke, by the defendant, Tillie Booke, and ” wherever they appear. As so modified, judgment unanimously affirmed, without costs. Findings of fact inconsistent herewith are reversed and new findings will be made as indicated herein. In our opinion, respondent failed to prove cruel and inhuman treatment by appellant. Present — Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ. Settle order on notice. [207 Misc. 999.]

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Bluebook (online)

1 A.D.2d 782, 147 N.Y.S.2d 697, 1956 N.Y. App. Div. LEXIS 6626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booke-v-booke-nyappdiv-1956.

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