Goldberger v. Goldberger

Appellate Division of the Supreme Court of New York

Goldberger v. Goldberger

1 A.D.2d 997, 152 N.Y.S.2d 418, 1956 N.Y. App. Div. LEXIS 5365

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

DecidedMay 15, 1956

StatusPublished

This text of 1 A.D.2d 997 (Goldberger v. Goldberger) 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

Goldberger v. Goldberger, 1 A.D.2d 997, 152 N.Y.S.2d 418, 1956 N.Y. App. Div. LEXIS 5365 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order unanimously modified to the extent of providing that when defendant resumes working at any job he shall immediately notify the attorney for plaintiff, who may thereupon move for an increase in alimony or reinstatement of the alimony provided in the original order. Upon such motion Special Term shall refer the matter to an Official Referee for a full and complete hearing on the earning capacity of defendant and the financial circumstances of the parties. The reduced alimony payments of $20 weekly and the payments on arrears in the amounts of $5 weekly, as presently provided in the order appealed from, shall continue until the final determination of such motion, which determination, in the court’s discretion, may include a retroactive provision. Settle order on notice. Concur — Peek, P. J., Breitel, Botein, Rabin and Yalente, JJ.

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

Order unanimously modified to the extent of providing that when defendant resumes working at any job he shall immediately notify the attorney for plaintiff, who may thereupon move for an increase in alimony or reinstatement of the alimony provided in the original order. Upon such motion Special Term shall refer the matter to an Official Referee for a full and complete hearing on the earning capacity of defendant and the financial circumstances of the parties. The reduced alimony payments of $20 weekly and the payments on arrears in the amounts of $5 weekly, as presently provided in the order appealed from, shall continue until the final determination of such motion, which determination, in the court’s discretion, may include a retroactive provision. Settle order on notice. Concur — Peek, P. J., Breitel, Botein, Rabin and Yalente, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

1 A.D.2d 997, 152 N.Y.S.2d 418, 1956 N.Y. App. Div. LEXIS 5365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberger-v-goldberger-nyappdiv-1956.