Robertson v. Robertson

Appellate Division of the Supreme Court of New York

Robertson v. Robertson

67 A.D.2d 662, 411 N.Y.S.2d 1011, 1979 N.Y. App. Div. LEXIS 10237

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

DecidedJanuary 8, 1979

StatusPublished

This text of 67 A.D.2d 662 (Robertson v. Robertson) 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

Robertson v. Robertson, 67 A.D.2d 662, 411 N.Y.S.2d 1011, 1979 N.Y. App. Div. LEXIS 10237 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a matrimonial action, (1) the plaintiff wife appeals from so much of a judgment of divorce of the Supreme Court, Westchester County, entered April 22, 1977, as granted custody of the parties’ two children to the defendant and specified her visitation rights and (2) the defendant husband cross-appeals from so much of the same judgment as directed him to pay arrears of temporary alimony. Judgment modified, on the law and the facts, by deleting the fourth decretal paragraph thereof and substituting therefor a provision denying plaintiff recovery of arrears for temporary alimony. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. Under the circumstances adduced at the trial, we believe that the court properly exercised its discretion in the award of custody and the fixation of visitation rights. We further believe that under the circumstances herein an award for arrears of temporary alimony was not justified. Damiani, J. P., O’Connor, Rabin and Gulotta, JJ., concur.

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— In a matrimonial action, (1) the plaintiff wife appeals from so much of a judgment of divorce of the Supreme Court, Westchester County, entered April 22, 1977, as granted custody of the parties’ two children to the defendant and specified her visitation rights and (2) the defendant husband cross-appeals from so much of the same judgment as directed him to pay arrears of temporary alimony. Judgment modified, on the law and the facts, by deleting the fourth decretal paragraph thereof and substituting therefor a provision denying plaintiff recovery of arrears for temporary alimony. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. Under the circumstances adduced at the trial, we believe that the court properly exercised its discretion in the award of custody and the fixation of visitation rights. We further believe that under the circumstances herein an award for arrears of temporary alimony was not justified. Damiani, J. P., O’Connor, Rabin and Gulotta, JJ., concur.

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Bluebook (online)

67 A.D.2d 662, 411 N.Y.S.2d 1011, 1979 N.Y. App. Div. LEXIS 10237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-robertson-nyappdiv-1979.