Rudman v. Rudman

Appellate Division of the Supreme Court of New York

Rudman v. Rudman

278 A.D. 636, 102 N.Y.S.2d 917, 1951 N.Y. App. Div. LEXIS 4164

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

DecidedFebruary 13, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 636 (Rudman v. Rudman) 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

Rudman v. Rudman, 278 A.D. 636, 102 N.Y.S.2d 917, 1951 N.Y. App. Div. LEXIS 4164 (N.Y. Ct. App. 1951).

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Opinion

Order affirmed, with $20 costs and disbursements to the respondent. No opinion. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Callahan and Van Voorhis, JJ., dissent and vote to modify in the following memorandum: If this action for a separation had been commenced by the wife, it would seem to us that both counsel fee and alimony would have been denied on the ground of lack of sufficient probability of success. Inasmuch as it has been commenced by the husband against the wife, we vote to affirm with respect to the counsel fee award and to modify with respect to alimony pendente lite, by denying any alimony pendente lite for the support of the wife and to allow her $50 per week for the support of the child. [See post, p. 697.]

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Order affirmed, with $20 costs and disbursements to the respondent. No opinion. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Callahan and Van Voorhis, JJ., dissent and vote to modify in the following memorandum: If this action for a separation had been commenced by the wife, it would seem to us that both counsel fee and alimony would have been denied on the ground of lack of sufficient probability of success. Inasmuch as it has been commenced by the husband against the wife, we vote to affirm with respect to the counsel fee award and to modify with respect to alimony pendente lite, by denying any alimony pendente lite for the support of the wife and to allow her $50 per week for the support of the child. [See post, p. 697.]

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Bluebook (online)

278 A.D. 636, 102 N.Y.S.2d 917, 1951 N.Y. App. Div. LEXIS 4164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudman-v-rudman-nyappdiv-1951.

Opinion

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