Munitz v. Munitz

Appellate Division of the Supreme Court of New York

Munitz v. Munitz

281 A.D. 895, 119 N.Y.S.2d 631, 1953 N.Y. App. Div. LEXIS 3707

Appellate Division of the Supreme Court of the State of New York·Decided March 16, 1953·Published·Cited by 3 cases

Opinion

Order (1) granting defendant’s motion to vacate an order modifying a judgment of separation by incorporating therein a provision enjoining defendant from prosecuting a divorce action without this State, and (2) denying plaintiff’s cross motion for allowance for counsel fee affirmed, without costs. The court was without jurisdiction to make the order enjoining the defendant in the light of the fact that a final judgment of separation had been entered prior thereto. (Long v. Long, 196 Mise. 982, 277 App. Div. 1033, motion for leave to appeal dismissed 302 N. T. 700; Bavaud v. Bavaud, 273 App. Div. 507; Duckworth v. Duckworth, 200 Mise. 10.) Nolan, P. J., Carswell, Adel, MaeCrate and Beldock, JJ., concur.

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Order (1) granting defendant’s motion to vacate an order modifying a judgment of separation by incorporating therein a provision enjoining defendant from prosecuting a divorce action without this State, and (2) denying plaintiff’s cross motion for allowance for counsel fee affirmed, without costs. The court was without jurisdiction to make the order enjoining the defendant in the light of the fact that a final judgment of separation had been entered prior thereto. (Long v. Long, 196 Mise. 982, 277 App. Div. 1033, motion for leave to appeal dismissed 302 N. T. 700; Bavaud v. Bavaud, 273 App. Div. 507; Duckworth v. Duckworth, 200 Mise. 10.) Nolan, P. J., Carswell, Adel, MaeCrate and Beldock, JJ., concur.

Munitz v. Munitz, 281 A.D. 895, 119 N.Y.S.2d 631, 1953 N.Y. App. Div. LEXIS 3707 (N.Y. Ct. App. 1953).

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Opinion

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