Rosa v. Rosa

Appellate Division of the Supreme Court of New York

Rosa v. Rosa

275 A.D.2d 1050

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

DecidedOctober 10, 1949

StatusPublished

This text of 275 A.D.2d 1050 (Rosa v. Rosa) 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

Rosa v. Rosa, 275 A.D.2d 1050 (N.Y. Ct. App. 1949).

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Opinion

It appears that the wife receives an income; that she is not likely to become a public charge; that the grounds of the application are the means and earning capacity of the husband; and that the parties are living apart. There is no proof that the husband abandoned the wife, nor any showing that the wife offered in good faith to return to him and resume the marital status. (Cf. Becher v. Becher, 74 N. Y. S. 2d 44, and Wax v. Wax, 275 App. Div. 845.) Nolan, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See 276 App. Div. 906.]

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It appears that the wife receives an income; that she is not likely to become a public charge; that the grounds of the application are the means and earning capacity of the husband; and that the parties are living apart. There is no proof that the husband abandoned the wife, nor any showing that the wife offered in good faith to return to him and resume the marital status. (Cf. Becher v. Becher, 74 N. Y. S. 2d 44, and Wax v. Wax, 275 App. Div. 845.) Nolan, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See 276 App. Div. 906.]

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Bluebook (online)

275 A.D.2d 1050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosa-v-rosa-nyappdiv-1949.