Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York

Lawrence v. Lawrence

47 A.D.2d 927, 367 N.Y.S.2d 64, 1975 N.Y. App. Div. LEXIS 9374

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

DecidedApril 21, 1975

StatusPublished

This text of 47 A.D.2d 927 (Lawrence v. Lawrence) 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

Lawrence v. Lawrence, 47 A.D.2d 927, 367 N.Y.S.2d 64, 1975 N.Y. App. Div. LEXIS 9374 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a matrimonial action, defendant appeals, as limited by her brief, from so much of an order (erroneously described in her notice of appeal as a memorandum decision) of the Supreme Court, Queens County, entered September 30r 1974,-as, after a hearing, denied her motion for an upward modification of a prior support award for the infant daughter of the parties. Order reversed insofar as appealed from, without costs, and matter remanded to Special Term for a further hearing and a new determination in accordance herewith. A hearing was held on a motion by defendant for an increase in child support. At the outset of the hearing defendant submitted an affidavit by her attorney. After plaintiff testified, defendant offered to call a witness, but the trial court terminated the hearing without allowing the witness to testify. Under the facts of this case, in which defendant had not previously called a witness, Special Term should have permitted her to call [928]*928the witness. Gulotta, P. J., Rabin, Hopkins, Munder and Shapiro, JJ., concur.

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In a matrimonial action, defendant appeals, as limited by her brief, from so much of an order (erroneously described in her notice of appeal as a memorandum decision) of the Supreme Court, Queens County, entered September 30r 1974,-as, after a hearing, denied her motion for an upward modification of a prior support award for the infant daughter of the parties. Order reversed insofar as appealed from, without costs, and matter remanded to Special Term for a further hearing and a new determination in accordance herewith. A hearing was held on a motion by defendant for an increase in child support. At the outset of the hearing defendant submitted an affidavit by her attorney. After plaintiff testified, defendant offered to call a witness, but the trial court terminated the hearing without allowing the witness to testify. Under the facts of this case, in which defendant had not previously called a witness, Special Term should have permitted her to call [928]*928the witness. Gulotta, P. J., Rabin, Hopkins, Munder and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 927, 367 N.Y.S.2d 64, 1975 N.Y. App. Div. LEXIS 9374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-lawrence-nyappdiv-1975.