Goldberger v. Goldberger

Appellate Division of the Supreme Court of New York

Goldberger v. Goldberger

78 A.D.2d 547, 432 N.Y.S.2d 31, 1980 N.Y. App. Div. LEXIS 12888

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

DecidedSeptember 29, 1980

StatusPublished

Cited by2 cases

This text of 78 A.D.2d 547 (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, 78 A.D.2d 547, 432 N.Y.S.2d 31, 1980 N.Y. App. Div. LEXIS 12888 (N.Y. Ct. App. 1980).

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Opinion

In a matrimonial action, the plaintiff wife appeals from stated portions of a judgment of the Supreme Court, Westchester County, dated October 18, 1979, which, inter alia, dismissed the complaint, failed to direct the sale of the marital residence, awarded alimony and child support without allocation, and awarded a counsel fee of only $1,500. Judgment affirmed insofar as appealed from, without costs or disbursements, and action remitted to [548]*548Special Term for further proceedings consistent herewith. The court stated that the defendant was required to make payments to the plaintiff for her support and the support of their minor issue. However, in light of the possible tax consequences (see US Code, tit 26, § 71, subd [a], par [3]), it erroneously failed to allocate these awards separately. Thus, the matter is being remitted so that Special Term may allocate the award between child support and alimony. We have reviewed the plaintiff’s other contentions and find them to be without merit. Mollen, P. J., Lazer, Cohalan and Margett, JJ., concur.

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In a matrimonial action, the plaintiff wife appeals from stated portions of a judgment of the Supreme Court, Westchester County, dated October 18, 1979, which, inter alia, dismissed the complaint, failed to direct the sale of the marital residence, awarded alimony and child support without allocation, and awarded a counsel fee of only $1,500. Judgment affirmed insofar as appealed from, without costs or disbursements, and action remitted to [548]*548Special Term for further proceedings consistent herewith. The court stated that the defendant was required to make payments to the plaintiff for her support and the support of their minor issue. However, in light of the possible tax consequences (see US Code, tit 26, § 71, subd [a], par [3]), it erroneously failed to allocate these awards separately. Thus, the matter is being remitted so that Special Term may allocate the award between child support and alimony. We have reviewed the plaintiff’s other contentions and find them to be without merit. Mollen, P. J., Lazer, Cohalan and Margett, JJ., concur.

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Bluebook (online)

78 A.D.2d 547, 432 N.Y.S.2d 31, 1980 N.Y. App. Div. LEXIS 12888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberger-v-goldberger-nyappdiv-1980.

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