Relyea v. Relyea

Appellate Division of the Supreme Court of New York

Relyea v. Relyea

27 A.D.2d 964, 282 N.Y.S.2d 210, 1967 N.Y. App. Div. LEXIS 4331

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

DecidedApril 27, 1967

StatusPublished

This text of 27 A.D.2d 964 (Relyea v. Relyea) 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

Relyea v. Relyea, 27 A.D.2d 964, 282 N.Y.S.2d 210, 1967 N.Y. App. Div. LEXIS 4331 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum by the Court. Judgment which (1) granted a divorce, (2) dismissed a counterclaim for annulment, and (3) awarded to plaintiff the custody of the parties’ daughter, affirmed, without costs. The evidence which the trier of the facts was entitled to and did credit fully sustains the divorce. The insubstantial evidence adduced in support of the counterclaim was incredible, under all the attendant circumstances. The award of custody presents a somewhat closer question but no sound basis has been suggested for disturbing the trial court’s determination, and particularly so after the lapse of more than four years. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court. Judgment which (1) granted a divorce, (2) dismissed a counterclaim for annulment, and (3) awarded to plaintiff the custody of the parties’ daughter, affirmed, without costs. The evidence which the trier of the facts was entitled to and did credit fully sustains the divorce. The insubstantial evidence adduced in support of the counterclaim was incredible, under all the attendant circumstances. The award of custody presents a somewhat closer question but no sound basis has been suggested for disturbing the trial court’s determination, and particularly so after the lapse of more than four years. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.

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Bluebook (online)

27 A.D.2d 964, 282 N.Y.S.2d 210, 1967 N.Y. App. Div. LEXIS 4331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/relyea-v-relyea-nyappdiv-1967.