Mezzacappa v. Mezzacappa

Appellate Division of the Supreme Court of New York

Mezzacappa v. Mezzacappa

263 A.D. 899, 32 N.Y.S.2d 550, 1942 N.Y. App. Div. LEXIS 7271

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

DecidedJanuary 26, 1942

StatusPublished

This text of 263 A.D. 899 (Mezzacappa v. Mezzacappa) 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

Mezzacappa v. Mezzacappa, 263 A.D. 899, 32 N.Y.S.2d 550, 1942 N.Y. App. Div. LEXIS 7271 (N.Y. Ct. App. 1942).

Pincite

Opinion

Action by plaintiff husband against defendant wife for absolute divorce. Interlocutory judgment in favor of plaintiff unanimously affirmed, without costs. There was a defect in formal proof, which was not made the subject' of objection on the trial, in respect, of whether or not the defendant had obtained a prior decree of divorce. The question is raised for the first time on this appeal. It is not asserted that there is any such decree outstanding. It furnishes no ground for a reversal on the merits. However, a final decree should not be entered unless formal proof on this phase be furnished to the Special Term, to which the matter is hereby remitted for such purpose. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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Action by plaintiff husband against defendant wife for absolute divorce. Interlocutory judgment in favor of plaintiff unanimously affirmed, without costs. There was a defect in formal proof, which was not made the subject' of objection on the trial, in respect, of whether or not the defendant had obtained a prior decree of divorce. The question is raised for the first time on this appeal. It is not asserted that there is any such decree outstanding. It furnishes no ground for a reversal on the merits. However, a final decree should not be entered unless formal proof on this phase be furnished to the Special Term, to which the matter is hereby remitted for such purpose. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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Bluebook (online)

263 A.D. 899, 32 N.Y.S.2d 550, 1942 N.Y. App. Div. LEXIS 7271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mezzacappa-v-mezzacappa-nyappdiv-1942.