Sawdon v. Sawdon

Appellate Division of the Supreme Court of New York

Sawdon v. Sawdon

39 A.D.2d 883, 333 N.Y.S.2d 610, 1972 N.Y. App. Div. LEXIS 4217

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

DecidedJune 22, 1972

StatusPublished

Cited by3 cases

This text of 39 A.D.2d 883 (Sawdon v. Sawdon) 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

Sawdon v. Sawdon, 39 A.D.2d 883, 333 N.Y.S.2d 610, 1972 N.Y. App. Div. LEXIS 4217 (N.Y. Ct. App. 1972).

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Opinion

Appeal from an order of Supreme Court, New York County, entered December 9, 1970, establishing temporary alimony, unanimously dismissed on the law, without costs and without disbursements. After final judgment, an intermediate order is merged therein and does not survive, unless it comes up for review allowed pursuant to CPLR 5501 (subd. [a], par. 1). Further, an order granting temporary alimony does not affect the final judgment and cannot be reviewed on an appeal from the final judgment. (Caplin v. Caplin, 33 A D 2d 908; Koziar v. Koziar, 281 App. Div. 771; see generally: 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5501.05.) Judgment, Supreme Court, New York County, entered July 9, 1971, unanimously modified, on the law and the facts, to the extent only of reducing the judgment in the amount of $1,800 for necessaries by $368.86, and otherwise affirmed, without costs and without disbursements. Where the payments for necessaries have not been made, the actions belong to the creditors. (De Brauwere v. De Brauwere, 203 N. Y. 460.) Concur—Stevens, P. J., McGivern, Markewieh, Kupferman and Steuer, JJ.

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Appeal from an order of Supreme Court, New York County, entered December 9, 1970, establishing temporary alimony, unanimously dismissed on the law, without costs and without disbursements. After final judgment, an intermediate order is merged therein and does not survive, unless it comes up for review allowed pursuant to CPLR 5501 (subd. [a], par. 1). Further, an order granting temporary alimony does not affect the final judgment and cannot be reviewed on an appeal from the final judgment. (Caplin v. Caplin, 33 A D 2d 908; Koziar v. Koziar, 281 App. Div. 771; see generally: 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5501.05.) Judgment, Supreme Court, New York County, entered July 9, 1971, unanimously modified, on the law and the facts, to the extent only of reducing the judgment in the amount of $1,800 for necessaries by $368.86, and otherwise affirmed, without costs and without disbursements. Where the payments for necessaries have not been made, the actions belong to the creditors. (De Brauwere v. De Brauwere, 203 N. Y. 460.) Concur—Stevens, P. J., McGivern, Markewieh, Kupferman and Steuer, JJ.

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Bluebook (online)

39 A.D.2d 883, 333 N.Y.S.2d 610, 1972 N.Y. App. Div. LEXIS 4217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawdon-v-sawdon-nyappdiv-1972.

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