Gordon v. Gordon

Appellate Division of the Supreme Court of New York

Gordon v. Gordon

57 A.D.2d 545, 392 N.Y.S.2d 1018, 1977 N.Y. App. Div. LEXIS 11486

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

DecidedApril 4, 1977

StatusPublished

This text of 57 A.D.2d 545 (Gordon v. Gordon) 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

Gordon v. Gordon, 57 A.D.2d 545, 392 N.Y.S.2d 1018, 1977 N.Y. App. Div. LEXIS 11486 (N.Y. Ct. App. 1977).

Pincite

Opinion

In consolidated actions, in which plaintiff in Action No. 1 seeks a judgment declaring that he is no longer obligated to comply with the support provisions of a separation agreement, he appeals from a judgment of the Supreme Court, Suffolk County, entered January 23, 1976, which, after a nonjury trial, (1) dismissed the complaint in Action No. 1, (2) granted judgment to the respondent for arrears and (3) awarded respondent a counsel fee. Judgment modified, on the law, by deleting the first decretal provision thereof and substituting therefor a provision declaring that appellant is still obligated to make support payments pursuant to the separation agreement dated April 23, 1968 (see Lanza v Wagner, 11 NY2d 317, 334). As so modified, judgment affirmed, with costs payable by plaintiff, on the opinion of Mr. Justice Aspland at Special Term (see, also, Leffler v Leffler, 50 AD2d 93, affd 40 [546]*546NY2d 1036; Fabrikant v Fabrikant, 19 NY2d 154). Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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

In consolidated actions, in which plaintiff in Action No. 1 seeks a judgment declaring that he is no longer obligated to comply with the support provisions of a separation agreement, he appeals from a judgment of the Supreme Court, Suffolk County, entered January 23, 1976, which, after a nonjury trial, (1) dismissed the complaint in Action No. 1, (2) granted judgment to the respondent for arrears and (3) awarded respondent a counsel fee. Judgment modified, on the law, by deleting the first decretal provision thereof and substituting therefor a provision declaring that appellant is still obligated to make support payments pursuant to the separation agreement dated April 23, 1968 (see Lanza v Wagner, 11 NY2d 317, 334). As so modified, judgment affirmed, with costs payable by plaintiff, on the opinion of Mr. Justice Aspland at Special Term (see, also, Leffler v Leffler, 50 AD2d 93, affd 40 [546]*546NY2d 1036; Fabrikant v Fabrikant, 19 NY2d 154). Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 545, 392 N.Y.S.2d 1018, 1977 N.Y. App. Div. LEXIS 11486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-gordon-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack