Malagisi v. Malagisi

Appellate Division of the Supreme Court of New York

Malagisi v. Malagisi

7 A.D.2d 703, 179 N.Y.S.2d 722, 1958 N.Y. App. Div. LEXIS 4240

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

DecidedNovember 12, 1958

StatusPublished

This text of 7 A.D.2d 703 (Malagisi v. Malagisi) 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

Malagisi v. Malagisi, 7 A.D.2d 703, 179 N.Y.S.2d 722, 1958 N.Y. App. Div. LEXIS 4240 (N.Y. Ct. App. 1958).

Pincite

Opinion

Judgment insofar as it denies a separation affirmed, without costs of this appeal to either party, and insofar as it awards custody of the children to the defendant reversed on the law and facts and that issue remitted to the Special Term for further proceedings in accordance with the memorandum. Memorandum: The plaintiff wife brought this action against her husband for a separation. The defendant husband counterclaims for separation on his part. The judgment appealed from denies a separation to either parity. We affirm that part of the judgment appealed from. There are three children bom of the marriage whose ages at the time of the trial were 11, 8 and 6% years respectively. The judgment appealed from grants sole custody of the children to the father. We conclude upon this record that it was an improvident exercise of discretion to award sole custody to the father. All concur. (Appeal from a judgment of Onondaga Equity Term denying a separation and awarding custody of children to defendant.) Present ■—MeCurn, P. J., Kimball, Williams, Goldman and Halpern, JJ.

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Judgment insofar as it denies a separation affirmed, without costs of this appeal to either party, and insofar as it awards custody of the children to the defendant reversed on the law and facts and that issue remitted to the Special Term for further proceedings in accordance with the memorandum. Memorandum: The plaintiff wife brought this action against her husband for a separation. The defendant husband counterclaims for separation on his part. The judgment appealed from denies a separation to either parity. We affirm that part of the judgment appealed from. There are three children bom of the marriage whose ages at the time of the trial were 11, 8 and 6% years respectively. The judgment appealed from grants sole custody of the children to the father. We conclude upon this record that it was an improvident exercise of discretion to award sole custody to the father. All concur. (Appeal from a judgment of Onondaga Equity Term denying a separation and awarding custody of children to defendant.) Present ■—MeCurn, P. J., Kimball, Williams, Goldman and Halpern, JJ.

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Bluebook (online)

7 A.D.2d 703, 179 N.Y.S.2d 722, 1958 N.Y. App. Div. LEXIS 4240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malagisi-v-malagisi-nyappdiv-1958.