Shapiro v. Shapiro

Appellate Division of the Supreme Court of New York

Shapiro v. Shapiro

52 A.D.2d 581, 382 N.Y.S.2d 533, 1976 N.Y. App. Div. LEXIS 12161

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

DecidedApril 5, 1976

StatusPublished

This text of 52 A.D.2d 581 (Shapiro v. Shapiro) 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

Shapiro v. Shapiro, 52 A.D.2d 581, 382 N.Y.S.2d 533, 1976 N.Y. App. Div. LEXIS 12161 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a matrimonial action, plaintiff appeals, as limited by her brief, on the ground of insufficiency, from so much of an order of the Supreme Court, Suffolk County, dated January 30, 1975, as granted her motion for temporary alimony and child support. The appeal also brings up for review so much of a further order of the same court, dated April 21, 1975, as, upon reargument, adhered to the original determination. Appeal from the order dated January 30, 1975 dismissed as academic, without costs or disbursements. That order was superseded by the order made on reargument. Order dated April 21, 1975 affirmed insofar as reviewed, without costs or disbursements. We adopt the reasoning of Special Term as contained in its order of January 30, 1975, with the following proviso: Although plaintiff has failed, on this record, to establish an equitable estoppel against the defendant so as to charge him with the support of his stepchildren, born out of another marriage of the plaintiff, or to establish an implied promise, on his part, to provide for their support, this conclusion is reached without prejudice to a different result after the trial of the action, at which other or further evidence may be adduced. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

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In a matrimonial action, plaintiff appeals, as limited by her brief, on the ground of insufficiency, from so much of an order of the Supreme Court, Suffolk County, dated January 30, 1975, as granted her motion for temporary alimony and child support. The appeal also brings up for review so much of a further order of the same court, dated April 21, 1975, as, upon reargument, adhered to the original determination. Appeal from the order dated January 30, 1975 dismissed as academic, without costs or disbursements. That order was superseded by the order made on reargument. Order dated April 21, 1975 affirmed insofar as reviewed, without costs or disbursements. We adopt the reasoning of Special Term as contained in its order of January 30, 1975, with the following proviso: Although plaintiff has failed, on this record, to establish an equitable estoppel against the defendant so as to charge him with the support of his stepchildren, born out of another marriage of the plaintiff, or to establish an implied promise, on his part, to provide for their support, this conclusion is reached without prejudice to a different result after the trial of the action, at which other or further evidence may be adduced. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

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Bluebook (online)

52 A.D.2d 581, 382 N.Y.S.2d 533, 1976 N.Y. App. Div. LEXIS 12161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-shapiro-nyappdiv-1976.