Milteer v. Milteer

Appellate Division of the Supreme Court of New York

Milteer v. Milteer

43 A.D.2d 741, 350 N.Y.S.2d 928, 1973 N.Y. App. Div. LEXIS 2800

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

DecidedDecember 31, 1973

StatusPublished

Cited by1 cases

This text of 43 A.D.2d 741 (Milteer v. Milteer) 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

Milteer v. Milteer, 43 A.D.2d 741, 350 N.Y.S.2d 928, 1973 N.Y. App. Div. LEXIS 2800 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, entered March 27,1973, which, after a nonjury trial, granted plaintiff a divorce. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. [742]*742In our opinion, plaintiff should not have been granted a divorce merely upon the allegation and proof that the parties had been living apart for more than one year after the entry of a prior judgment of separation. The statute requires that plaintiff submit satisfactory proof that he has “ substantially performed ” all of his obligations fixed in the prior judgment (Domestic Relations Law, § 170, subd. [5]). At bar, there was a lack of proof of substantial compliance. Munder, Acting P. J., Martuscello, Shapiro, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, entered March 27,1973, which, after a nonjury trial, granted plaintiff a divorce. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. [742]*742In our opinion, plaintiff should not have been granted a divorce merely upon the allegation and proof that the parties had been living apart for more than one year after the entry of a prior judgment of separation. The statute requires that plaintiff submit satisfactory proof that he has “ substantially performed ” all of his obligations fixed in the prior judgment (Domestic Relations Law, § 170, subd. [5]). At bar, there was a lack of proof of substantial compliance. Munder, Acting P. J., Martuscello, Shapiro, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 741, 350 N.Y.S.2d 928, 1973 N.Y. App. Div. LEXIS 2800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milteer-v-milteer-nyappdiv-1973.

Opinion

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