Dempsey v. Dempsey

Appellate Terms of the Supreme Court of New York

Dempsey v. Dempsey

205 Misc. 495, 131 N.Y.S.2d 350, 1954 N.Y. Misc. LEXIS 3322

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 21, 1954

StatusPublished

Cited by3 cases

This text of 205 Misc. 495 (Dempsey v. Dempsey) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dempsey v. Dempsey, 205 Misc. 495, 131 N.Y.S.2d 350, 1954 N.Y. Misc. LEXIS 3322 (N.Y. Ct. App. 1954).

Pincite

Opinion

Per Curiam.

A claim for unpaid alimony cannot be made the basis for recovery in an independent action (Maynard v. Maynard, 112 N. Y. S. 2d 813). The exclusive remedy is an application in the matrimonial action pursuant to the provisions of section 1171-b of the Civil Practice Act.

The judgment should be unanimously reversed upon the law, without costs, and motion to dismiss the complaint granted.

[496]*496(Resettled, January 21, 1954.)

On the court’s motion the decision on this appeal, dated January 18, 1954, is amended to read as follows:

A claim for unpaid alimony under a domestic matrimonial judgment or order, cannot be made the basis for recovery in an independent action (Maynard v. Maynard, 112 N. Y. S. 2d 813). The exclusive remedy is an application in the matrimonial action pursuant to the provisions of section 1171-b of the Civil Practice Act.

The judgment should be unanimously reversed upon the law, without costs, and motion to dismiss the complaint granted.

Walsh, Golden and Ughetta, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

A claim for unpaid alimony cannot be made the basis for recovery in an independent action (Maynard v. Maynard, 112 N. Y. S. 2d 813). The exclusive remedy is an application in the matrimonial action pursuant to the provisions of section 1171-b of the Civil Practice Act.

The judgment should be unanimously reversed upon the law, without costs, and motion to dismiss the complaint granted.

[496]*496(Resettled, January 21, 1954.)

On the court’s motion the decision on this appeal, dated January 18, 1954, is amended to read as follows:

A claim for unpaid alimony under a domestic matrimonial judgment or order, cannot be made the basis for recovery in an independent action (Maynard v. Maynard, 112 N. Y. S. 2d 813). The exclusive remedy is an application in the matrimonial action pursuant to the provisions of section 1171-b of the Civil Practice Act.

The judgment should be unanimously reversed upon the law, without costs, and motion to dismiss the complaint granted.

Walsh, Golden and Ughetta, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

205 Misc. 495, 131 N.Y.S.2d 350, 1954 N.Y. Misc. LEXIS 3322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dempsey-v-dempsey-nyappterm-1954.

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