Lynn v. Lynn

Appellate Division of the Supreme Court of New York

Lynn v. Lynn

264 A.D. 709, 34 N.Y.S.2d 407, 1942 N.Y. App. Div. LEXIS 4247

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1942·Published

Opinion

Order reversed and motion denied. No opinion. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.; Cohn, J., dissents and votes to affirm upon the ground that (I) there is reasonable probability that plaintiff will succeed upon the appeal from so much of the judgment of separation as directs defendant to apply one-half of his net income after payment of income taxes to the support and maintenance of his wife and daughter; and (2) there is an adequate showing that plaintiff does not presently possess sufficient means to prosecute the appeal.

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Order reversed and motion denied. No opinion. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.; Cohn, J., dissents and votes to affirm upon the ground that (I) there is reasonable probability that plaintiff will succeed upon the appeal from so much of the judgment of separation as directs defendant to apply one-half of his net income after payment of income taxes to the support and maintenance of his wife and daughter; and (2) there is an adequate showing that plaintiff does not presently possess sufficient means to prosecute the appeal.

Lynn v. Lynn, 264 A.D. 709, 34 N.Y.S.2d 407, 1942 N.Y. App. Div. LEXIS 4247 (N.Y. Ct. App. 1942).

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