Nabut v. Nabut

Appellate Division of the Supreme Court of New York

Nabut v. Nabut

271 A.D.2d 935

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

DecidedJanuary 27, 1947

StatusPublished

This text of 271 A.D.2d 935 (Nabut v. Nabut) 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

Nabut v. Nabut, 271 A.D.2d 935 (N.Y. Ct. App. 1947).

Pincite

Opinion

Order denying plaintiff’s motion to modify a final judgment of divorce, so as to provide for payment of alimony by defendant for plaintiff’s support and maintenance, reversed on the law and the facts, with '$10 costs and disbursements, and the matter remitted to the Special Term for the taking of such proof, by a reference or otherwise, as the parties may adduce as to their respective financial circumstances and other material factors, and for determination in accordance therewith. It is our opinion that the affidavits submitted presented questions of fact, which should not have been decided on the affidavits of the parties. Lewis, P. J., Carswell, Adel and Nolan, JJ., concur; Aldrich, J., deceased.

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Order denying plaintiff’s motion to modify a final judgment of divorce, so as to provide for payment of alimony by defendant for plaintiff’s support and maintenance, reversed on the law and the facts, with '$10 costs and disbursements, and the matter remitted to the Special Term for the taking of such proof, by a reference or otherwise, as the parties may adduce as to their respective financial circumstances and other material factors, and for determination in accordance therewith. It is our opinion that the affidavits submitted presented questions of fact, which should not have been decided on the affidavits of the parties. Lewis, P. J., Carswell, Adel and Nolan, JJ., concur; Aldrich, J., deceased.

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Bluebook (online)

271 A.D.2d 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nabut-v-nabut-nyappdiv-1947.