In re Sagendorf

Appellate Division of the Supreme Court of New York

In re Sagendorf

257 A.D. 1042, 13 N.Y.S.2d 863, 1939 N.Y. App. Div. LEXIS 9000

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

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1042 (In re Sagendorf) 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

In re Sagendorf, 257 A.D. 1042, 13 N.Y.S.2d 863, 1939 N.Y. App. Div. LEXIS 9000 (N.Y. Ct. App. 1939).

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Opinion

Order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. Memorandum: The father of the dependents on relief being primarily liable for their support, and the appellant, grandmother, being only secondarily liable, we hold that the finding, which is implicit in the order appealed from, that the father is unable to respond to his duty to support his children is contrary to and against the weight of the evidence. We also hold that it was improper to charge the entire cost of the proceeding against the appellant. All concur. (The order directs a grandmother to contribute to the support of grandchildren.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. Memorandum: The father of the dependents on relief being primarily liable for their support, and the appellant, grandmother, being only secondarily liable, we hold that the finding, which is implicit in the order appealed from, that the father is unable to respond to his duty to support his children is contrary to and against the weight of the evidence. We also hold that it was improper to charge the entire cost of the proceeding against the appellant. All concur. (The order directs a grandmother to contribute to the support of grandchildren.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Bluebook (online)

257 A.D. 1042, 13 N.Y.S.2d 863, 1939 N.Y. App. Div. LEXIS 9000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sagendorf-nyappdiv-1939.