Kenner v. Kenner

Appellate Division of the Supreme Court of New York

Kenner v. Kenner

256 A.D. 925, 9 N.Y.S.2d 779, 1939 N.Y. App. Div. LEXIS 5485

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

DecidedFebruary 6, 1939

StatusPublished

This text of 256 A.D. 925 (Kenner v. Kenner) 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

Kenner v. Kenner, 256 A.D. 925, 9 N.Y.S.2d 779, 1939 N.Y. App. Div. LEXIS 5485 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order vacating order denying motion by plaintiff for an increase in alimony, granting plaintiff’s motion to confirm report of official referee, and for reargument and increasing alimony from thirty-five dollars to fifty dollars weekly, modified by striking out the sum of fifty dollars weekly as set forth in the last ordering paragraph and substituting in lieu thereof the following: “ forty ($40.00) dollars weekly,” and as so modified affirmed, without costs. Since the order made by this court [247 App. Div. 795] increasing alimony from twenty-five dollars to thirty-five dollars was made, the appellant’s income has increased to some extent. On the other hand, it appears that the physical condition of the child of the marriage [926]*926has somewhat improved and the expenses incident to his care have decreased. Under all of the circumstances, we are of opinion that the sum of forty dollars is reasonable. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Order vacating order denying motion by plaintiff for an increase in alimony, granting plaintiff’s motion to confirm report of official referee, and for reargument and increasing alimony from thirty-five dollars to fifty dollars weekly, modified by striking out the sum of fifty dollars weekly as set forth in the last ordering paragraph and substituting in lieu thereof the following: “ forty ($40.00) dollars weekly,” and as so modified affirmed, without costs. Since the order made by this court [247 App. Div. 795] increasing alimony from twenty-five dollars to thirty-five dollars was made, the appellant’s income has increased to some extent. On the other hand, it appears that the physical condition of the child of the marriage [926]*926has somewhat improved and the expenses incident to his care have decreased. Under all of the circumstances, we are of opinion that the sum of forty dollars is reasonable. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D. 925, 9 N.Y.S.2d 779, 1939 N.Y. App. Div. LEXIS 5485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenner-v-kenner-nyappdiv-1939.