Ligator v. Ligator

Appellate Division of the Supreme Court of New York

Ligator v. Ligator

41 A.D.2d 741, 341 N.Y.S.2d 301, 1973 N.Y. App. Div. LEXIS 4976

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

DecidedMarch 5, 1973

StatusPublished

This text of 41 A.D.2d 741 (Ligator v. Ligator) 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

Ligator v. Ligator, 41 A.D.2d 741, 341 N.Y.S.2d 301, 1973 N.Y. App. Div. LEXIS 4976 (N.Y. Ct. App. 1973).

Pincite

Opinion

In consolidated actions, the appeal is from a judgment of the Supreme Court, Nassau County, entered June 9, 1972, which, after a nonjury trial, inter alla granted respondent a separation, except that appellant’s brief appears to exclude from the appeal so much of the judgment as (.1) dismissed respondent’s causes for divorce; (2) granted respondent custody of the parties’ infant children, subject to visitation by appellant; (3) denied respondent a counsel fee for Action No. 3 herein and for any proceeding in the Family Court; and (4) denied respondent’s motion to punish appellant for contempt of court. Judgment modified, on the facts, by reducing the award of alimony and child support from $265 per week to $195 per week and reducing the allocation therefrom for alimony from $150 per week to $80 per week. As so modified, judgment affirmed insofar as áppealed from, without costs. In our opinion, the award for alimony was excessive to the extent indicated herein. A new action by appellant has been commenced based on newly discovered evidence which was not part of this record. Shapiro, Acting P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., not voting.

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In consolidated actions, the appeal is from a judgment of the Supreme Court, Nassau County, entered June 9, 1972, which, after a nonjury trial, inter alla granted respondent a separation, except that appellant’s brief appears to exclude from the appeal so much of the judgment as (.1) dismissed respondent’s causes for divorce; (2) granted respondent custody of the parties’ infant children, subject to visitation by appellant; (3) denied respondent a counsel fee for Action No. 3 herein and for any proceeding in the Family Court; and (4) denied respondent’s motion to punish appellant for contempt of court. Judgment modified, on the facts, by reducing the award of alimony and child support from $265 per week to $195 per week and reducing the allocation therefrom for alimony from $150 per week to $80 per week. As so modified, judgment affirmed insofar as áppealed from, without costs. In our opinion, the award for alimony was excessive to the extent indicated herein. A new action by appellant has been commenced based on newly discovered evidence which was not part of this record. Shapiro, Acting P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., not voting.

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Bluebook (online)

41 A.D.2d 741, 341 N.Y.S.2d 301, 1973 N.Y. App. Div. LEXIS 4976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ligator-v-ligator-nyappdiv-1973.