Knoll v. Knoll

Appellate Division of the Supreme Court of New York

Knoll v. Knoll

6 A.D.2d 1030, 178 N.Y.S.2d 268, 1958 N.Y. App. Div. LEXIS 4645

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

DecidedOctober 7, 1958

StatusPublished

Cited by1 cases

This text of 6 A.D.2d 1030 (Knoll v. Knoll) 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

Knoll v. Knoll, 6 A.D.2d 1030, 178 N.Y.S.2d 268, 1958 N.Y. App. Div. LEXIS 4645 (N.Y. Ct. App. 1958).

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Opinion

Whether the defendant was a resident of the State of New York when the action was commenced presents an issue which cannot he determined upon the papers submitted. Under the circumstances that issue should be determined by a reference (Civ. Prac. Act, § 237-a, subd. 3, par. [b]). The plaintiff’s motion for alimony and counsel fees is stayed until 30 days after the determination by the Official Referee (Civ. Prac. Act, § 237-a, subd. 5). The order at Special Term is therefore modified to the extent indicated and, as so modified, affirmed, on the facts and on the law and in the exercise of discretion, without costs. Settle order. Concur—Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Whether the defendant was a resident of the State of New York when the action was commenced presents an issue which cannot he determined upon the papers submitted. Under the circumstances that issue should be determined by a reference (Civ. Prac. Act, § 237-a, subd. 3, par. [b]). The plaintiff’s motion for alimony and counsel fees is stayed until 30 days after the determination by the Official Referee (Civ. Prac. Act, § 237-a, subd. 5). The order at Special Term is therefore modified to the extent indicated and, as so modified, affirmed, on the facts and on the law and in the exercise of discretion, without costs. Settle order. Concur—Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

6 A.D.2d 1030, 178 N.Y.S.2d 268, 1958 N.Y. App. Div. LEXIS 4645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knoll-v-knoll-nyappdiv-1958.

Opinion

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