Kahn v. Kahn

Appellate Division of the Supreme Court of New York

Kahn v. Kahn

34 A.D.2d 648, 309 N.Y.S.2d 989, 1970 N.Y. App. Div. LEXIS 5191

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

DecidedApril 6, 1970

StatusPublished

This text of 34 A.D.2d 648 (Kahn v. Kahn) 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

Kahn v. Kahn, 34 A.D.2d 648, 309 N.Y.S.2d 989, 1970 N.Y. App. Div. LEXIS 5191 (N.Y. Ct. App. 1970).

Pincite

Opinion

In an action for separation, defendant appeals from an order of the Supreme Court, Westchester County, dated October 8, 1969, which inter alia directed him to pay plaintiff $275 per week for her support and the support of the parties’ child and $2,500 as and for plaintiff’s counsel fee. Order modified, on the law and the facts, by reducing the amount directed to be paid for support from $275 per week to $175 per week. As so modified, order affirmed, without costs. In our opinion, based on the conflicting affidavits contained in the present record, an award of $175 per week is proper pending trial of this action. The amount of permanent alimony and additional counsel fee allowances, if any, should be determined by the trial court upon the proof adduced at the trial (El Khouri v. El Khouri, 22 A D 2d 687). Hopkins, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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In an action for separation, defendant appeals from an order of the Supreme Court, Westchester County, dated October 8, 1969, which inter alia directed him to pay plaintiff $275 per week for her support and the support of the parties’ child and $2,500 as and for plaintiff’s counsel fee. Order modified, on the law and the facts, by reducing the amount directed to be paid for support from $275 per week to $175 per week. As so modified, order affirmed, without costs. In our opinion, based on the conflicting affidavits contained in the present record, an award of $175 per week is proper pending trial of this action. The amount of permanent alimony and additional counsel fee allowances, if any, should be determined by the trial court upon the proof adduced at the trial (El Khouri v. El Khouri, 22 A D 2d 687). Hopkins, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 648, 309 N.Y.S.2d 989, 1970 N.Y. App. Div. LEXIS 5191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-kahn-nyappdiv-1970.