Breen v. Breen

Appellate Division of the Supreme Court of New York

Breen v. Breen

90 A.D.2d 509, 454 N.Y.S.2d 1022, 1982 N.Y. App. Div. LEXIS 18549

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

DecidedOctober 18, 1982

StatusPublished

Cited by1 cases

This text of 90 A.D.2d 509 (Breen v. Breen) 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

Breen v. Breen, 90 A.D.2d 509, 454 N.Y.S.2d 1022, 1982 N.Y. App. Div. LEXIS 18549 (N.Y. Ct. App. 1982).

Pincite

Opinion

In a matrimonial action in which the defendant wife had previously been granted a judgment of divorce, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), entered April 22, 1981, which, after a hearing on defendant’s motion pursuant to section 244 of the Domestic Relations Law, inter alia, awarded the defendant a judgment in the principal amount of $26,605, representing arrears, and counsel fees and expenses in the amount of $3,875. Judgment modified, on the law, by reducing the principal amount awarded as arrears to $25,605. As so modified, judgment affirmed, with costs to the defendant. The record reflects that the husband paid $1,650 in child support in 1978. Special Term, however, in computing the amount of arrearages due, credited him with only $650 for that year. We therefore reduce the amount of the award of arrears by $1,000. Plaintiff’s other contentions have been considered and are found to be without merit. Defendant’s request for a counsel fee in defending this appeal should be made at Special Term. Damiani, J. P., O’Connor, Rubin and Boyers, JJ., concur.

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In a matrimonial action in which the defendant wife had previously been granted a judgment of divorce, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), entered April 22, 1981, which, after a hearing on defendant’s motion pursuant to section 244 of the Domestic Relations Law, inter alia, awarded the defendant a judgment in the principal amount of $26,605, representing arrears, and counsel fees and expenses in the amount of $3,875. Judgment modified, on the law, by reducing the principal amount awarded as arrears to $25,605. As so modified, judgment affirmed, with costs to the defendant. The record reflects that the husband paid $1,650 in child support in 1978. Special Term, however, in computing the amount of arrearages due, credited him with only $650 for that year. We therefore reduce the amount of the award of arrears by $1,000. Plaintiff’s other contentions have been considered and are found to be without merit. Defendant’s request for a counsel fee in defending this appeal should be made at Special Term. Damiani, J. P., O’Connor, Rubin and Boyers, JJ., concur.

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Bluebook (online)

90 A.D.2d 509, 454 N.Y.S.2d 1022, 1982 N.Y. App. Div. LEXIS 18549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breen-v-breen-nyappdiv-1982.

Opinion

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