Fisher v. Fisher

Appellate Division of the Supreme Court of New York

Fisher v. Fisher

7 A.D.2d 716, 180 N.Y.S.2d 120, 1958 N.Y. App. Div. LEXIS 3941

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

DecidedDecember 9, 1958

StatusPublished

This text of 7 A.D.2d 716 (Fisher v. Fisher) 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

Fisher v. Fisher, 7 A.D.2d 716, 180 N.Y.S.2d 120, 1958 N.Y. App. Div. LEXIS 3941 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order appealed from unanimously modified, with costs to the appellant upon the facts and in the exercise of discretion to the extent of deleting therefrom that portion reducing permanent alimony from $75 to $35 weekly and denying an allowance for counsel fees and proceeding remanded to Special Term. In 1952 plaintiff was granted a decree of separation and received an award of $75 weekly for her support. The defendant has since obtained a divorce in a foreign State and has remarried. Special Term in its decision stated that it was difficult to determine with any accuracy from the papers the net earnings of the husband. In the light of these facts there should have been a hearing at which both parties would have had an opportunity to develop all relevant facts. In the interval defendant should continue to make weekly payments of $75 retroactive to July 29, 195b. Settle order. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.

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Order appealed from unanimously modified, with costs to the appellant upon the facts and in the exercise of discretion to the extent of deleting therefrom that portion reducing permanent alimony from $75 to $35 weekly and denying an allowance for counsel fees and proceeding remanded to Special Term. In 1952 plaintiff was granted a decree of separation and received an award of $75 weekly for her support. The defendant has since obtained a divorce in a foreign State and has remarried. Special Term in its decision stated that it was difficult to determine with any accuracy from the papers the net earnings of the husband. In the light of these facts there should have been a hearing at which both parties would have had an opportunity to develop all relevant facts. In the interval defendant should continue to make weekly payments of $75 retroactive to July 29, 195b. Settle order. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.

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Bluebook (online)

7 A.D.2d 716, 180 N.Y.S.2d 120, 1958 N.Y. App. Div. LEXIS 3941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-fisher-nyappdiv-1958.