Shaifer v. Shaifer

Appellate Division of the Supreme Court of New York

Shaifer v. Shaifer

23 A.D.2d 589, 256 N.Y.S.2d 646, 1965 N.Y. App. Div. LEXIS 4813

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

DecidedFebruary 23, 1965

StatusPublished

This text of 23 A.D.2d 589 (Shaifer v. Shaifer) 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

Shaifer v. Shaifer, 23 A.D.2d 589, 256 N.Y.S.2d 646, 1965 N.Y. App. Div. LEXIS 4813 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action by a husband for an annulment, in which the wife counterclaimed for a separation or divorce, the husband appeals from so much of an order of the Supreme Court, Kings County, dated September 17, 1964, as awarded to the wife temporary alimony of $250 a week. Order modified so as to reduce [590]*590the alimony from $250 to $150 a week. As so modified, the order, insofar as appealed from, is affirmed, without costs. On this record, it is our opinion that $250 a week is not justified and that a pendente lite award of $150 a week would be fair to both parties. This award, based as it is on conflicting affidavits, “should have no effect upon the Trial Judge in his determination as to whether permanent alimony should be awarded and the amount thereof, if awarded ” (Dubin v. Dubin, 14 A D 2d 923). Christ, Acting P. J,, Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action by a husband for an annulment, in which the wife counterclaimed for a separation or divorce, the husband appeals from so much of an order of the Supreme Court, Kings County, dated September 17, 1964, as awarded to the wife temporary alimony of $250 a week. Order modified so as to reduce [590]*590the alimony from $250 to $150 a week. As so modified, the order, insofar as appealed from, is affirmed, without costs. On this record, it is our opinion that $250 a week is not justified and that a pendente lite award of $150 a week would be fair to both parties. This award, based as it is on conflicting affidavits, “should have no effect upon the Trial Judge in his determination as to whether permanent alimony should be awarded and the amount thereof, if awarded ” (Dubin v. Dubin, 14 A D 2d 923). Christ, Acting P. J,, Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 589, 256 N.Y.S.2d 646, 1965 N.Y. App. Div. LEXIS 4813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaifer-v-shaifer-nyappdiv-1965.