Plohn v. Plohn

Appellate Division of the Supreme Court of New York

Plohn v. Plohn

1 A.D.2d 824, 149 N.Y.S.2d 32, 1956 N.Y. App. Div. LEXIS 6254

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1956·Published·Cited by 4 cases

Opinion

Judgment unanimously modified so as to delete the dismissal of the fourth cause of action on the merits and to dismiss the fourth cause of action with leave to the plaintiff, if so advised, to institute an action in law or equity based on her claim to the property involved and, as so modified, the judgment is in all other respects affirmed, without costs. We cannot accept the view of the trial court that plaintiff forfeited all rights and interest in the household furnishings, furniture and equipment when she justifiably left the household and procured a separation. Settle order on notice. Concur — Peck, P. J., Breitel, Bastow, Botein and Cox, JJ. [206 Misc. 969.] [See post, p. 885.]

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Judgment unanimously modified so as to delete the dismissal of the fourth cause of action on the merits and to dismiss the fourth cause of action with leave to the plaintiff, if so advised, to institute an action in law or equity based on her claim to the property involved and, as so modified, the judgment is in all other respects affirmed, without costs. We cannot accept the view of the trial court that plaintiff forfeited all rights and interest in the household furnishings, furniture and equipment when she justifiably left the household and procured a separation. Settle order on notice. Concur — Peck, P. J., Breitel, Bastow, Botein and Cox, JJ. [206 Misc. 969.] [See post, p. 885.]

Plohn v. Plohn, 1 A.D.2d 824, 149 N.Y.S.2d 32, 1956 N.Y. App. Div. LEXIS 6254 (N.Y. Ct. App. 1956).

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