Singer v. Singer

Appellate Division of the Supreme Court of New York

Singer v. Singer

260 A.D. 920, 24 N.Y.S.2d 303, 1940 N.Y. App. Div. LEXIS 5444

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

DecidedNovember 22, 1940

StatusPublished

This text of 260 A.D. 920 (Singer v. Singer) 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

Singer v. Singer, 260 A.D. 920, 24 N.Y.S.2d 303, 1940 N.Y. App. Div. LEXIS 5444 (N.Y. Ct. App. 1940).

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Opinion

Order affirmed. The plaintiff’s breach of the conditions of the judgment of divorce relieved the defendant from the obligation to make the payments provided for therein. We are further of the opinion that there has been an express waiver by the plaintiff of the alimony sought to be recovered herein and that the finding of the referee to the contrary is against the weight of the evidence. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Dore and Cohn, JJ. dissent and vote to reverse and grant the motion.

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Order affirmed. The plaintiff’s breach of the conditions of the judgment of divorce relieved the defendant from the obligation to make the payments provided for therein. We are further of the opinion that there has been an express waiver by the plaintiff of the alimony sought to be recovered herein and that the finding of the referee to the contrary is against the weight of the evidence. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Dore and Cohn, JJ. dissent and vote to reverse and grant the motion.

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Bluebook (online)

260 A.D. 920, 24 N.Y.S.2d 303, 1940 N.Y. App. Div. LEXIS 5444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-v-singer-nyappdiv-1940.