Gelb v. Gelb

Appellate Division of the Supreme Court of New York

Gelb v. Gelb

24 A.D.2d 762, 263 N.Y.S.2d 598, 1965 N.Y. App. Div. LEXIS 3296

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

DecidedOctober 18, 1965

StatusPublished

This text of 24 A.D.2d 762 (Gelb v. Gelb) 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

Gelb v. Gelb, 24 A.D.2d 762, 263 N.Y.S.2d 598, 1965 N.Y. App. Div. LEXIS 3296 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action for separation on the grounds of cruelty, inadequate support and abandonment, plaintiff wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County, entered February 2, 1965 after trial, upon the court’s written decision, as limited the support provision for each of the two infant children of the parties to $17.50 per week per child. The [763]*763complaint was dismissed on the merits, but custody of the two children was awarded to plain tiff. Judgment modified on the facts by amending the fifth decretal paragraph so as to direct the defendant husband to pay $22.50 per week for the support of each child. As so modified, judgment, insofar as appealed from affirmed, without costs. The findings of fact implicit in the court’s decision which are inconsistent herewith are reversed and the fourth conclusion of law is modified accordingly. In our opinion, the award of $17.50 per week for the support of each child was inadequate under the facts presented. Beldock, P, J., Ughetta, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action for separation on the grounds of cruelty, inadequate support and abandonment, plaintiff wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County, entered February 2, 1965 after trial, upon the court’s written decision, as limited the support provision for each of the two infant children of the parties to $17.50 per week per child. The [763]*763complaint was dismissed on the merits, but custody of the two children was awarded to plain tiff. Judgment modified on the facts by amending the fifth decretal paragraph so as to direct the defendant husband to pay $22.50 per week for the support of each child. As so modified, judgment, insofar as appealed from affirmed, without costs. The findings of fact implicit in the court’s decision which are inconsistent herewith are reversed and the fourth conclusion of law is modified accordingly. In our opinion, the award of $17.50 per week for the support of each child was inadequate under the facts presented. Beldock, P, J., Ughetta, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 762, 263 N.Y.S.2d 598, 1965 N.Y. App. Div. LEXIS 3296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelb-v-gelb-nyappdiv-1965.