Rosen v. Rosen

Appellate Division of the Supreme Court of New York

Rosen v. Rosen

7 A.D.2d 872, 182 N.Y.S.2d 1017, 1959 N.Y. App. Div. LEXIS 10191

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

DecidedJanuary 26, 1959

StatusPublished

This text of 7 A.D.2d 872 (Rosen v. Rosen) 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

Rosen v. Rosen, 7 A.D.2d 872, 182 N.Y.S.2d 1017, 1959 N.Y. App. Div. LEXIS 10191 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action for a separation, the appeal is- from an order denying appellant’s motion for alimony pendente lite and counsel fees. Order modified by striking from the ordering paragraph everything following the word “is” and by substituting therefor the words “ referred to the trial court for determination ”. As so modified, order affirmed, without costs. So far as appears from the record before us, respondent is seeking no affirmative relief, and the trial court, in our opinion, will be in a better position to determine the question presented than was the Special Term. It appears that a trial could have been had and the issues determined on the merits in a shorter time than the prosecution of this appeal has taken. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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In an action for a separation, the appeal is- from an order denying appellant’s motion for alimony pendente lite and counsel fees. Order modified by striking from the ordering paragraph everything following the word “is” and by substituting therefor the words “ referred to the trial court for determination ”. As so modified, order affirmed, without costs. So far as appears from the record before us, respondent is seeking no affirmative relief, and the trial court, in our opinion, will be in a better position to determine the question presented than was the Special Term. It appears that a trial could have been had and the issues determined on the merits in a shorter time than the prosecution of this appeal has taken. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

7 A.D.2d 872, 182 N.Y.S.2d 1017, 1959 N.Y. App. Div. LEXIS 10191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-rosen-nyappdiv-1959.