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

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1958·Published·Cited by 1 cases

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.

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

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.

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).

Pincite

6 A.D.2d 1030 (Knoll v. Knoll) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related