Home/Appellate Division of the Supreme Court of New York/Goldner v. Goldner

Goldner v. Goldner

284 A.D. 961, 135 N.Y.S.2d 337, 1954 N.Y. App. Div. LEXIS 4240
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 30, 1954
StatusPublished
Cited by21 cases

This text of 284 A.D. 961 (Goldner v. Goldner) 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
Goldner v. Goldner, 284 A.D. 961, 135 N.Y.S.2d 337, 1954 N.Y. App. Div. LEXIS 4240 (N.Y. Ct. App. 1954).

Opinion

We assume but do not decide that the original New York separation judgment is still entitled to enforcement. (Cf. MaeKay v. MacKay, 279 App. Div. 350.) Such a determination may only be made upon a full disclosure of the facts including proof as to whether the children were subject to the jurisdiction of the Florida court. We view as improvident, however, the order made herein punishing the defendant for contempt when it appears that the New York judgment contained a provision by implication that the children would be available in this State for visitation by the husband. The wife having removed the children from the jurisdiction is not entitled to the extraordinary remedy obtained. Moreover, in view of the fact that the children have been removed to a foreign country for a period of years over the objections of the husband, we think upon the facts here presented that his application for relief from the provisions for the support of the children until they are returned to this jurisdiction, where he may resume his right of visitation, should have been granted to the extent of a temporary suspension of payments. Order unanimously reversed and the application to modify the decree of separation granted, without costs. Settle order on notice. Present — Dore, J. P., Callahan, Bastow, Botein and Bergan, JJ. [See 285 App. Div. 807.]

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

Related

Adams v. Adams
92 A.D.2d 644 (Appellate Division of the Supreme Court of New York, 1983)
Catherine W. v. Robert F.
116 Misc. 2d 377 (New York Family Court, 1982)
Feuer v. Feuer
50 A.D.2d 772 (Appellate Division of the Supreme Court of New York, 1975)
Audrey D. v. Michael O.
77 Misc. 2d 230 (NYC Family Court, 1974)
Porter v. Porter
267 N.E.2d 299 (Ohio Supreme Court, 1971)
Klarish v. Klarish
29 A.D.2d 929 (Appellate Division of the Supreme Court of New York, 1968)
Schalk v. Schalk
54 Misc. 2d 439 (New York Supreme Court, 1967)
Schalk v. Schalk
27 A.D.2d 793 (Appellate Division of the Supreme Court of New York, 1967)
Eskin v. Eskin
26 A.D.2d 680 (Appellate Division of the Supreme Court of New York, 1966)
Smith v. Smith
205 A.2d 83 (New Jersey Superior Court App Division, 1964)
Simpson v. Kennedy
42 Misc. 2d 490 (Civil Court of the City of New York, 1964)
Merlino v. Merlino
33 Misc. 2d 462 (New York Supreme Court, 1962)
Houston v. Houston
33 Misc. 2d 215 (New York Supreme Court, 1962)
People ex rel. Francois v. Ivanova
14 A.D.2d 317 (Appellate Division of the Supreme Court of New York, 1961)
Greene v. Greene
31 Misc. 2d 1009 (New York Supreme Court, 1961)
Lefkowitz v. Lefkowitz
17 Misc. 2d 958 (New York Supreme Court, 1959)
Goodman v. Goodman
17 Misc. 2d 712 (New York Supreme Court, 1959)
Webster v. Webster
14 Misc. 2d 64 (New York Supreme Court, 1958)
Turner v. Turner
17 Misc. 2d 50 (New York Supreme Court, 1958)
Richards v. Richards
5 Misc. 2d 46 (City of New York Municipal Court, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
284 A.D. 961, 135 N.Y.S.2d 337, 1954 N.Y. App. Div. LEXIS 4240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldner-v-goldner-nyappdiv-1954.