Mitchell v. Mitchell

Appellate Division of the Supreme Court of New York

Mitchell v. Mitchell

54 A.D.2d 583, 386 N.Y.S.2d 1015, 1976 N.Y. App. Div. LEXIS 13939

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

DecidedSeptember 27, 1976

StatusPublished

This text of 54 A.D.2d 583 (Mitchell v. Mitchell) 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

Mitchell v. Mitchell, 54 A.D.2d 583, 386 N.Y.S.2d 1015, 1976 N.Y. App. Div. LEXIS 13939 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action for divorce, defendant appeals from an order of the Supreme Court, Westchester County, dated June 7, 1976, which awarded plaintiff $80 per week for the support of the parties’ children and $500 on account of counsel fees, and denied his cross motion to dismiss the complaint as legally insufficient. Order affirmed, with $50 costs and disbursements. Under all of the circumstances herein, the awards for child support and counsel fees were not excessive. Moreover, the complaint, which charges defendant with cruel and inhuman treatment, is legally sufficient to withstand a motion to dismiss. Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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In an action for divorce, defendant appeals from an order of the Supreme Court, Westchester County, dated June 7, 1976, which awarded plaintiff $80 per week for the support of the parties’ children and $500 on account of counsel fees, and denied his cross motion to dismiss the complaint as legally insufficient. Order affirmed, with $50 costs and disbursements. Under all of the circumstances herein, the awards for child support and counsel fees were not excessive. Moreover, the complaint, which charges defendant with cruel and inhuman treatment, is legally sufficient to withstand a motion to dismiss. Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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Bluebook (online)

54 A.D.2d 583, 386 N.Y.S.2d 1015, 1976 N.Y. App. Div. LEXIS 13939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-mitchell-nyappdiv-1976.