Rothenberg v. Protas

Appellate Terms of the Supreme Court of New York

Rothenberg v. Protas

183 Misc. 599, 51 N.Y.S.2d 912, 1944 N.Y. Misc. LEXIS 2635

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 28, 1944

StatusPublished

This text of 183 Misc. 599 (Rothenberg v. Protas) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rothenberg v. Protas, 183 Misc. 599, 51 N.Y.S.2d 912, 1944 N.Y. Misc. LEXIS 2635 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum

Per Curiam.

It is unnecessary to discuss the question as to plaintiff’s right to attack the Florida divorce collaterally. Defendant, having invoked the aid of our Supreme Court on his subsequent motion to reduce the allowance to his wife in the separation decree, thus requiring her to retain plaintiff to oppose the claim, and then withdrawing the motion, is estopped from setting up the divorce.

The judgment should be reversed, with costs, judgment directed for plaintiff, and case remitted to the court below for the assessment of the value of his services.

Hammer, Shientag and Hecht, JJ., concur.

Judgment reversed, etc.

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