Packer v. Packer

Appellate Division of the Supreme Court of New York

Packer v. Packer

56 A.D.2d 596, 391 N.Y.S.2d 651, 1977 N.Y. App. Div. LEXIS 10665

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

DecidedFebruary 15, 1977

StatusPublished

This text of 56 A.D.2d 596 (Packer v. Packer) 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

Packer v. Packer, 56 A.D.2d 596, 391 N.Y.S.2d 651, 1977 N.Y. App. Div. LEXIS 10665 (N.Y. Ct. App. 1977).

Pincite

Opinion

In anaction for divorce, the defendant husband appeals, on the ground of excessiveness, from so much of a judgment of the Supreme Court, Rockland County, entered August 16, 1976, as awarded plaintiff alimony and a counsel fee. Judgment affirmed insofar as appealed from, with costs. A review of the evidence indicates that the awards of $150 per week as alimony and $2,000 as a counsel fee were not excessive. The husband’s salary, coupled with his additional income from other sources, enables him to well afford the awards. In addition, plaintiff has few marketable skills, has been a housewife for 26 years, and should not be forced into the job market (see Kay v Kay, 37 NY2d 632). Her own testimony, as well as that of her psychiatrist, revealed that she is suffering from a mental illness in the form of a depression brought on by the break-up of the marriage and that she is thus, at present, not capable of holding a full-time position. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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In anaction for divorce, the defendant husband appeals, on the ground of excessiveness, from so much of a judgment of the Supreme Court, Rockland County, entered August 16, 1976, as awarded plaintiff alimony and a counsel fee. Judgment affirmed insofar as appealed from, with costs. A review of the evidence indicates that the awards of $150 per week as alimony and $2,000 as a counsel fee were not excessive. The husband’s salary, coupled with his additional income from other sources, enables him to well afford the awards. In addition, plaintiff has few marketable skills, has been a housewife for 26 years, and should not be forced into the job market (see Kay v Kay, 37 NY2d 632). Her own testimony, as well as that of her psychiatrist, revealed that she is suffering from a mental illness in the form of a depression brought on by the break-up of the marriage and that she is thus, at present, not capable of holding a full-time position. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 596, 391 N.Y.S.2d 651, 1977 N.Y. App. Div. LEXIS 10665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/packer-v-packer-nyappdiv-1977.

Opinion

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