Mauss v. Mauss

Appellate Division of the Supreme Court of New York

Mauss v. Mauss

22 A.D.2d 954, 256 N.Y.S.2d 548, 1964 N.Y. App. Div. LEXIS 2391

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

DecidedDecember 31, 1964

StatusPublished

This text of 22 A.D.2d 954 (Mauss v. Mauss) 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

Mauss v. Mauss, 22 A.D.2d 954, 256 N.Y.S.2d 548, 1964 N.Y. App. Div. LEXIS 2391 (N.Y. Ct. App. 1964).

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Opinion

In an action by a wife for a judicial separation, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, entered December 11, 1963 after trial, upon the court’s written decision in the wife’s favor, as directed the husband to pay to the wife: (a) permanent alimony of $40 per week; and (b) " all medical, surgical and hospitalization expenses, in a reasonable amount, in excess of such expenses allowed by” the Blue Cross and Blue Shield agencies. Judgment modified on the, facts by amending the second decretal paragraph so as to direct the defendant husband to pay to the plaintiff wife the sum of $25 per week for her support, in addition to her medical, surgical and hospitalization expenses, as specified in the next succeeding paragraph of the judgment. As so modified, the judgment, insofar as appealed from, is affirmed, without costs. The sixth finding of fact in the court’s decision is modified accordingly. In the light of all the facts disclosed by this record, we are of the opinion that the weekly alimony award was excessive to the extent indicated. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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In an action by a wife for a judicial separation, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, entered December 11, 1963 after trial, upon the court’s written decision in the wife’s favor, as directed the husband to pay to the wife: (a) permanent alimony of $40 per week; and (b) " all medical, surgical and hospitalization expenses, in a reasonable amount, in excess of such expenses allowed by” the Blue Cross and Blue Shield agencies. Judgment modified on the, facts by amending the second decretal paragraph so as to direct the defendant husband to pay to the plaintiff wife the sum of $25 per week for her support, in addition to her medical, surgical and hospitalization expenses, as specified in the next succeeding paragraph of the judgment. As so modified, the judgment, insofar as appealed from, is affirmed, without costs. The sixth finding of fact in the court’s decision is modified accordingly. In the light of all the facts disclosed by this record, we are of the opinion that the weekly alimony award was excessive to the extent indicated. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

22 A.D.2d 954, 256 N.Y.S.2d 548, 1964 N.Y. App. Div. LEXIS 2391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mauss-v-mauss-nyappdiv-1964.