Seligmann v. Seligmann
This text of 255 A.D. 277 (Seligmann v. Seligmann) 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.
Opinion
The complaint is insufficient in that it does not specify the nature and circumstances of defendant’s misconduct, or set forth the time and place of the acts complained of. (Rules Civ. Prac. rule 280.) Furthermore, the affidavits fail to show the probability of plaintiff’s success at the trial, or the necessity at present of an allowance for support pendente lite.
The order should be reversed and the motion for alimony and counsel fee denied.
Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.
Order unanimously reversed and motion denied.
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Cite This Page — Counsel Stack
255 A.D. 277, 7 N.Y.S.2d 428, 1938 N.Y. App. Div. LEXIS 4715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seligmann-v-seligmann-nyappdiv-1938.