Mays v. Mays

Appellate Division of the Supreme Court of New York

Mays v. Mays

258 A.D. 751, 15 N.Y.S.2d 427, 1939 N.Y. App. Div. LEXIS 6759

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1939·Published·Cited by 1 cases

Opinion

Order granting plaintiff’s motion to adjudge defendant in contempt of court for failure to pay arrears of temporary alimony reversed on the law, without costs, and motion denied, without costs. The court having rendered judgment dismissing the complaint and counterclaim, it was without jurisdiction to provide that rights in connection with alimony accruing and unpaid up to the time of the judgment [752] should be preserved. (Hayes v. Hayes, 150 App. Div. 842; affd., 208 N. Y. 600; Matter of Thrall, 12 App. Div. 235; affd., 153 N. Y. 644; Fein v. Fein, 261 N. Y. 441.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Order granting plaintiff’s motion to adjudge defendant in contempt of court for failure to pay arrears of temporary alimony reversed on the law, without costs, and motion denied, without costs. The court having rendered judgment dismissing the complaint and counterclaim, it was without jurisdiction to provide that rights in connection with alimony accruing and unpaid up to the time of the judgment [752] should be preserved. (Hayes v. Hayes, 150 App. Div. 842; affd., 208 N. Y. 600; Matter of Thrall, 12 App. Div. 235; affd., 153 N. Y. 644; Fein v. Fein, 261 N. Y. 441.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

Mays v. Mays, 258 A.D. 751, 15 N.Y.S.2d 427, 1939 N.Y. App. Div. LEXIS 6759 (N.Y. Ct. App. 1939).

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Opinion

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