Marans v. Marans

Appellate Division of the Supreme Court of New York

Marans v. Marans

27 A.D.2d 735, 277 N.Y.S.2d 29, 1967 N.Y. App. Div. LEXIS 4920

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

DecidedFebruary 6, 1967

StatusPublished

Cited by3 cases

This text of 27 A.D.2d 735 (Marans v. Marans) 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

Marans v. Marans, 27 A.D.2d 735, 277 N.Y.S.2d 29, 1967 N.Y. App. Div. LEXIS 4920 (N.Y. Ct. App. 1967).

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Opinion

Order of the Supreme Court, Queens County, dated April 29, 1966, modified by (1) striking out the provisions directing defendant to pay temporary alimony and counsel fees and (2) providing that plaintiff’s motion is denied as to temporary alimony and that her application for allowance and fixation of counsel fees is referred to the trial court for determination. As so modified, order affirmed, without costs. It appears there exists a subsisting separation agreement, the validity of which cannot be determined on conflietnig affidavits (Brock v. Brock, 1 A D 2d 973, and cases there cited). Until such agreement is set aside, temporary alimony and counsel fees for the wife may not be awarded (Kulok v. Kulok, 20 A D 2d 568). Beldock, P. J., Ughetta, Christ, Rabin and Munder, JJ., concur.

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Order of the Supreme Court, Queens County, dated April 29, 1966, modified by (1) striking out the provisions directing defendant to pay temporary alimony and counsel fees and (2) providing that plaintiff’s motion is denied as to temporary alimony and that her application for allowance and fixation of counsel fees is referred to the trial court for determination. As so modified, order affirmed, without costs. It appears there exists a subsisting separation agreement, the validity of which cannot be determined on conflietnig affidavits (Brock v. Brock, 1 A D 2d 973, and cases there cited). Until such agreement is set aside, temporary alimony and counsel fees for the wife may not be awarded (Kulok v. Kulok, 20 A D 2d 568). Beldock, P. J., Ughetta, Christ, Rabin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 735, 277 N.Y.S.2d 29, 1967 N.Y. App. Div. LEXIS 4920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marans-v-marans-nyappdiv-1967.

Opinion

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