Horne v. Horne

Appellate Division of the Supreme Court of New York

Horne v. Horne

28 A.D.2d 876, 281 N.Y.S.2d 958, 1967 N.Y. App. Div. LEXIS 3500

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

DecidedJuly 10, 1967

StatusPublished

This text of 28 A.D.2d 876 (Horne v. Horne) 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

Horne v. Horne, 28 A.D.2d 876, 281 N.Y.S.2d 958, 1967 N.Y. App. Div. LEXIS 3500 (N.Y. Ct. App. 1967).

Pincite

Opinion

Ughetta, Acting P. .J., Brennan and Hopkins, JJ., concur; Nolan, J. concurs in the modification of the judgment, but votes to grant a new trial of the issues involving plaintiff’s claim for reimbursement for expenditures made on behalf of the children and to sever those issues for that purpose. The trial court did not decide whether or not the separation agreement, incorporated in the divorce decree, required the defendant to pay for the living expenses of his children. If it did, the amounts expended by plaintiff for that purpose are recoverable under the agreement. If it did not, recovery should not be barred by an agreement, or a judicial decree, which makes no provision for such living expenses. However, the evidence adduced on the trial was insufficient to establish the amounts paid for that purpose by the plaintiff. Christ, J., dissents and votes to affirm the judgment.

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Ughetta, Acting P. .J., Brennan and Hopkins, JJ., concur; Nolan, J. concurs in the modification of the judgment, but votes to grant a new trial of the issues involving plaintiff’s claim for reimbursement for expenditures made on behalf of the children and to sever those issues for that purpose. The trial court did not decide whether or not the separation agreement, incorporated in the divorce decree, required the defendant to pay for the living expenses of his children. If it did, the amounts expended by plaintiff for that purpose are recoverable under the agreement. If it did not, recovery should not be barred by an agreement, or a judicial decree, which makes no provision for such living expenses. However, the evidence adduced on the trial was insufficient to establish the amounts paid for that purpose by the plaintiff. Christ, J., dissents and votes to affirm the judgment.

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Bluebook (online)

28 A.D.2d 876, 281 N.Y.S.2d 958, 1967 N.Y. App. Div. LEXIS 3500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horne-v-horne-nyappdiv-1967.