Post v. Post

Appellate Division of the Supreme Court of New York

Post v. Post

34 A.D.2d 829, 313 N.Y.S.2d 336, 1970 N.Y. App. Div. LEXIS 4710

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

DecidedMay 25, 1970

StatusPublished

This text of 34 A.D.2d 829 (Post v. Post) 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

Post v. Post, 34 A.D.2d 829, 313 N.Y.S.2d 336, 1970 N.Y. App. Div. LEXIS 4710 (N.Y. Ct. App. 1970).

Pincite

Opinion

Appeal by-defendant from a judgment of the Supreme Court, Kings County, dated June 24, 1969, which granted plaintiff a divorce on the ground of cruel and inhuman treatment, after a non jury trial. Judgment affirmed, with costs. No opinion. Martuscello, Acting P. J., Kleinfeld and Benjamin, JJ., concur; Latham and Brennan, JJ., dissent in part and vote to modify the judgment by striking therefrom the alimony award of $40 a week for plaintiff’s 'support and maintenance and to affirm the judgment as so modified, with the following memorandum: Plaintiff testified she did not want support for herself, but only for the two children. She failed to establish a need for support for herself. Additionally, the evidence disclosed that she was employed and earning $85 a week from her position; and was residing with her two children in her mother’s apartment.

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Appeal by-defendant from a judgment of the Supreme Court, Kings County, dated June 24, 1969, which granted plaintiff a divorce on the ground of cruel and inhuman treatment, after a non jury trial. Judgment affirmed, with costs. No opinion. Martuscello, Acting P. J., Kleinfeld and Benjamin, JJ., concur; Latham and Brennan, JJ., dissent in part and vote to modify the judgment by striking therefrom the alimony award of $40 a week for plaintiff’s 'support and maintenance and to affirm the judgment as so modified, with the following memorandum: Plaintiff testified she did not want support for herself, but only for the two children. She failed to establish a need for support for herself. Additionally, the evidence disclosed that she was employed and earning $85 a week from her position; and was residing with her two children in her mother’s apartment.

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Bluebook (online)

34 A.D.2d 829, 313 N.Y.S.2d 336, 1970 N.Y. App. Div. LEXIS 4710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/post-v-post-nyappdiv-1970.