Rosenfield v. Rosenfield

Appellate Division of the Supreme Court of New York

Rosenfield v. Rosenfield

285 A.D. 817, 137 N.Y.S.2d 837, 1955 N.Y. App. Div. LEXIS 5696

Appellate Division of the Supreme Court of the State of New York·Decided January 10, 1955·Published·Cited by 6 cases

Opinion

In an action for restitution of payments of alimony made by the plaintiff under an order awarding temporary alimony and a judgment awarding permanent alimony, which judgment was reversed, plaintiff appeals from an order dismissing the complaint under subdivision 4 of rule 106 of the Rules, of Civil Practice. Order unanimously affirmed, with $10 costs and disbursements. (Averett v. Averett, 110 Mise. 584, affid. 191 App. Div. 948; Haas v. Haas, 271 App. Div. 107; Griffin v. Griffin, 219 App. Div. 370.) Present — Nolan, P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ. [See post, p. 893.]

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In an action for restitution of payments of alimony made by the plaintiff under an order awarding temporary alimony and a judgment awarding permanent alimony, which judgment was reversed, plaintiff appeals from an order dismissing the complaint under subdivision 4 of rule 106 of the Rules, of Civil Practice. Order unanimously affirmed, with $10 costs and disbursements. (Averett v. Averett, 110 Mise. 584, affid. 191 App. Div. 948; Haas v. Haas, 271 App. Div. 107; Griffin v. Griffin, 219 App. Div. 370.) Present — Nolan, P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ. [See post, p. 893.]

Rosenfield v. Rosenfield, 285 A.D. 817, 137 N.Y.S.2d 837, 1955 N.Y. App. Div. LEXIS 5696 (N.Y. Ct. App. 1955).

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