Solemene v. Solemene

Appellate Division of the Supreme Court of New York

Solemene v. Solemene

229 A.D. 728

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1930·Published·Cited by 5 cases

Opinion

Order granting plaintiff’s motion for alimony and counsel fee reversed upon the law and the facts, without costs, and motion denied, without costs. The continued existence of the separation agreement bars the granting of this motion. It does not satisfactorily appear in this record that the defendant breached the agreement or that the agreement did not subsist at the time of the commencement of this action. (Rosenblatt v. Rosenblatt, 209 App. Div. 373; Drane v. Drane, 207 id. 217; Brody v. Brody, 190 id. 806; Benesch v. Benesch, 182 id. 221; Beebe v. Beebe, 174 id. 408; Johnson v. Johnson, 206 N. Y. 561; Winter v. Winter, 191 id. 462.) Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.

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Order granting plaintiff’s motion for alimony and counsel fee reversed upon the law and the facts, without costs, and motion denied, without costs. The continued existence of the separation agreement bars the granting of this motion. It does not satisfactorily appear in this record that the defendant breached the agreement or that the agreement did not subsist at the time of the commencement of this action. (Rosenblatt v. Rosenblatt, 209 App. Div. 373; Drane v. Drane, 207 id. 217; Brody v. Brody, 190 id. 806; Benesch v. Benesch, 182 id. 221; Beebe v. Beebe, 174 id. 408; Johnson v. Johnson, 206 N. Y. 561; Winter v. Winter, 191 id. 462.) Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.

Solemene v. Solemene, 229 A.D. 728 (N.Y. Ct. App. 1930).

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Opinion

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