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Ostrom v. Ostrom

270 A.D. 872, 61 N.Y.S.2d 775, 1946 N.Y. App. Div. LEXIS 4383
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 6, 1946
StatusPublished
Cited by9 cases

This text of 270 A.D. 872 (Ostrom v. Ostrom) 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
Ostrom v. Ostrom, 270 A.D. 872, 61 N.Y.S.2d 775, 1946 N.Y. App. Div. LEXIS 4383 (N.Y. Ct. App. 1946).

Opinion

Order reversed on the law, without costs of this appeal to either party, proceeding to punish defendant for contempt of court dismissed, without costs, and defendant’s motion to modify the judgment of divorce granted, without costs. Memorandum: The judgment herein, taken on default,, was not based on a complaint asking for relief in the form of payment of insurance premiums and there is no proof to sustain a provision for such payment. The requirement to pay an insurance premium is not within the purview of sections 1155 and 1170 of the Civil Practice Act, so there may be no punishment for contempt in disobeying such a provision. All concur. (The orefer fines defendant for failure to obey the order of the court and directs him to pay or be committed to jail until the amounts are paid.) Present — Taylor, P. J., Dowling, Harris, Larkin and Love, JJ.

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Bluebook (online)
270 A.D. 872, 61 N.Y.S.2d 775, 1946 N.Y. App. Div. LEXIS 4383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostrom-v-ostrom-nyappdiv-1946.