Hamon v. Hamon

Appellate Division of the Supreme Court of New York

Hamon v. Hamon

72 A.D.2d 738, 421 N.Y.S.2d 550, 1979 N.Y. App. Div. LEXIS 13949

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

DecidedNovember 5, 1979

StatusPublished

This text of 72 A.D.2d 738 (Hamon v. Hamon) 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

Hamon v. Hamon, 72 A.D.2d 738, 421 N.Y.S.2d 550, 1979 N.Y. App. Div. LEXIS 13949 (N.Y. Ct. App. 1979).

Pincite

Opinion

In an action in which a divorce was granted, the appeal is from an order of the Supreme Court, Suffolk County, dated May 18, 1979, which, without a hearing, denied the appellant’s application, inter alia, for a wage deduction order and a counsel fee. Order reversed, without costs or disbursements, and matter is remitted to Special Term for a hearing on the merits. Under the circumstances of this case, including that there are disputed factual questions which cannot be resolved on the basis of the parties’ affidavits, it was an improvident exercise of discretion to deny appellant’s motion, without a hearing. Hopkins, J. P., O’Connor, Lazer and Margett, JJ., concur.

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In an action in which a divorce was granted, the appeal is from an order of the Supreme Court, Suffolk County, dated May 18, 1979, which, without a hearing, denied the appellant’s application, inter alia, for a wage deduction order and a counsel fee. Order reversed, without costs or disbursements, and matter is remitted to Special Term for a hearing on the merits. Under the circumstances of this case, including that there are disputed factual questions which cannot be resolved on the basis of the parties’ affidavits, it was an improvident exercise of discretion to deny appellant’s motion, without a hearing. Hopkins, J. P., O’Connor, Lazer and Margett, JJ., concur.

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Bluebook (online)

72 A.D.2d 738, 421 N.Y.S.2d 550, 1979 N.Y. App. Div. LEXIS 13949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamon-v-hamon-nyappdiv-1979.