Gelman v. Gelman

Appellate Division of the Supreme Court of New York

Gelman v. Gelman

7 A.D.2d 716, 180 N.Y.S.2d 336, 1958 N.Y. App. Div. LEXIS 3945

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

DecidedDecember 9, 1958

StatusPublished

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

Gelman v. Gelman, 7 A.D.2d 716, 180 N.Y.S.2d 336, 1958 N.Y. App. Div. LEXIS 3945 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order appealed from reversed on the facts and in the exercise of discretion, with costs to appellant and the motion to punish granted. We find the defendant to be [717]*717in contempt and fix a fine of $1,650 together with a counsel fee of $500, to be paid within 20 days after entry and service of the order of this court. The order of December 19, 1957 directed defendant to continue to pay the then fixed alimony of $55 weekly pending the hearing before the Official Referee of defendant’s motion to suspend such payments. There was clear proof before Special Term upon this application that defendant had failed to comply with that direction except for the making of five weekly payments. He thus was in default a total of 30 payments and no sufficient reason was given for failure to obey the order. Settle order. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order appealed from reversed on the facts and in the exercise of discretion, with costs to appellant and the motion to punish granted. We find the defendant to be [717]*717in contempt and fix a fine of $1,650 together with a counsel fee of $500, to be paid within 20 days after entry and service of the order of this court. The order of December 19, 1957 directed defendant to continue to pay the then fixed alimony of $55 weekly pending the hearing before the Official Referee of defendant’s motion to suspend such payments. There was clear proof before Special Term upon this application that defendant had failed to comply with that direction except for the making of five weekly payments. He thus was in default a total of 30 payments and no sufficient reason was given for failure to obey the order. Settle order. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

7 A.D.2d 716, 180 N.Y.S.2d 336, 1958 N.Y. App. Div. LEXIS 3945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelman-v-gelman-nyappdiv-1958.