Kahn v. Sampson

Appellate Division of the Supreme Court of New York

Kahn v. Sampson

23 A.D.2d 539, 255 N.Y.S.2d 963, 1965 N.Y. App. Div. LEXIS 4947

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 1965·Published·Cited by 4 cases

Opinion

Judgment appealed from unanimously reversed on the law, with $50 costs to appellant, the judgment vacated, and the complaint dismissed. “A claim for unpaid alimony under a domestic matrimonial judgment or order cannot be made the basis for recovery in an independent action. The exclusive remedy is an application in the matrimonial action pursuant to section 1171-b [now Domestic Relations Law, § 244] of the Civil Practice Act.” (Leitman v. Leitman, 21 Mise 2d 653, 655, affid. 9 A D 2d 682, mot. for iv. to opp. den. 9 A D 2d 783; Snow v. Snow, 8 A D 2d 516; Melchore v. Melchore, 212 N. Y. S. 2d 213; Frontuto v. Fronluto, 206 Mise. 214.) Concur — Botein, P. J., Rabin, Valente, Stevens and Witmer, JJ.

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Judgment appealed from unanimously reversed on the law, with $50 costs to appellant, the judgment vacated, and the complaint dismissed. “A claim for unpaid alimony under a domestic matrimonial judgment or order cannot be made the basis for recovery in an independent action. The exclusive remedy is an application in the matrimonial action pursuant to section 1171-b [now Domestic Relations Law, § 244] of the Civil Practice Act.” (Leitman v. Leitman, 21 Mise 2d 653, 655, affid. 9 A D 2d 682, mot. for iv. to opp. den. 9 A D 2d 783; Snow v. Snow, 8 A D 2d 516; Melchore v. Melchore, 212 N. Y. S. 2d 213; Frontuto v. Fronluto, 206 Mise. 214.) Concur — Botein, P. J., Rabin, Valente, Stevens and Witmer, JJ.

Kahn v. Sampson, 23 A.D.2d 539, 255 N.Y.S.2d 963, 1965 N.Y. App. Div. LEXIS 4947 (N.Y. Ct. App. 1965).

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Opinion

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