Schmitt v. Schmitt

Appellate Division of the Supreme Court of New York

Schmitt v. Schmitt

3 A.D.2d 837, 161 N.Y.S.2d 840, 1957 N.Y. App. Div. LEXIS 6003

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

DecidedApril 1, 1957

StatusPublished

This text of 3 A.D.2d 837 (Schmitt v. Schmitt) 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

Schmitt v. Schmitt, 3 A.D.2d 837, 161 N.Y.S.2d 840, 1957 N.Y. App. Div. LEXIS 6003 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action by a wife for separation on the grounds of cruelty and nonsupport, a counterclaim for separation on the ground of abandonment was interposed. The appeal is from an order which on reargument awarded plaintiff a counsel fee of only $500 and referred to the trial court for disposition her application for alimony pendente lite. Order modified by inserting between the first and second ordering paragraphs a new paragraph to the effect that a counsel fee [838]*838is awarded to plaintiff, the amount of which is to be fixed by the trial court, and by striking from the present second ordering paragraph the words and figures “ counsel fee in the sum of $500.00 be and the same is hereby awarded to plaintiff ” and by substituting therefor the words and figures “ in the meantime defendant advance the sum of $500.00 to plaintiff on account of any counsel fee to be so fixed”. As so modified, order affirmed, without costs. No opinion. Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur. [See post, p. 919.]

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In an action by a wife for separation on the grounds of cruelty and nonsupport, a counterclaim for separation on the ground of abandonment was interposed. The appeal is from an order which on reargument awarded plaintiff a counsel fee of only $500 and referred to the trial court for disposition her application for alimony pendente lite. Order modified by inserting between the first and second ordering paragraphs a new paragraph to the effect that a counsel fee [838]*838is awarded to plaintiff, the amount of which is to be fixed by the trial court, and by striking from the present second ordering paragraph the words and figures “ counsel fee in the sum of $500.00 be and the same is hereby awarded to plaintiff ” and by substituting therefor the words and figures “ in the meantime defendant advance the sum of $500.00 to plaintiff on account of any counsel fee to be so fixed”. As so modified, order affirmed, without costs. No opinion. Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur. [See post, p. 919.]

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Bluebook (online)

3 A.D.2d 837, 161 N.Y.S.2d 840, 1957 N.Y. App. Div. LEXIS 6003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-schmitt-nyappdiv-1957.