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

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

DecidedFebruary 24, 1956

StatusPublished

Cited by4 cases

This text of 1 A.D.2d 824 (Plohn v. Plohn) 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

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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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.]

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Bluebook (online)

1 A.D.2d 824, 149 N.Y.S.2d 32, 1956 N.Y. App. Div. LEXIS 6254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plohn-v-plohn-nyappdiv-1956.

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