Campbell v. Campbell

Appellate Division of the Supreme Court of New York

Campbell v. Campbell

10 A.D.2d 861, 199 N.Y.S.2d 708, 1960 N.Y. App. Div. LEXIS 10687

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

DecidedApril 11, 1960

StatusPublished

This text of 10 A.D.2d 861 (Campbell v. Campbell) 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

Campbell v. Campbell, 10 A.D.2d 861, 199 N.Y.S.2d 708, 1960 N.Y. App. Div. LEXIS 10687 (N.Y. Ct. App. 1960).

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Opinion

In an action for a separation, plaintiff appeals from so much of a judgment entered after trial as dismisses the complaint on the merits. Defendant cross-appeals from so much of the judgment as directs him to pay for the support of plaintiff and grants her a counsel fee. Judgment modified upon the law and the facts by striking therefrom the provisions awarding plaintiff alimony and a counsel fee. As so modified, judgment unanimously affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In view of the dismissal of the complaint, it was improper for the court to grant alimony and a counsel fee (Civ. Prac. Act, § 1164; Davis v. Davis, 75 N. Y. 221, 224; Kingston v. Kingston, 283 App. Div. 355, 357; Berkowicz v. Berkowicz, 1 A D 2d 1019). It was shown that a counsel fee was not a necessary for which defendant was obligated (Weidlich v. Richards, 276 App. Div. 383, 384; Rubin v. Sorenson, 280 App. Div. 949; Fudin v. Fudin, 7 A D 2d 1021). Present — Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ.

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In an action for a separation, plaintiff appeals from so much of a judgment entered after trial as dismisses the complaint on the merits. Defendant cross-appeals from so much of the judgment as directs him to pay for the support of plaintiff and grants her a counsel fee. Judgment modified upon the law and the facts by striking therefrom the provisions awarding plaintiff alimony and a counsel fee. As so modified, judgment unanimously affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In view of the dismissal of the complaint, it was improper for the court to grant alimony and a counsel fee (Civ. Prac. Act, § 1164; Davis v. Davis, 75 N. Y. 221, 224; Kingston v. Kingston, 283 App. Div. 355, 357; Berkowicz v. Berkowicz, 1 A D 2d 1019). It was shown that a counsel fee was not a necessary for which defendant was obligated (Weidlich v. Richards, 276 App. Div. 383, 384; Rubin v. Sorenson, 280 App. Div. 949; Fudin v. Fudin, 7 A D 2d 1021). Present — Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ.

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Bluebook (online)

10 A.D.2d 861, 199 N.Y.S.2d 708, 1960 N.Y. App. Div. LEXIS 10687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-campbell-nyappdiv-1960.

Opinion

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