Steele v. Steele

Appellate Division of the Supreme Court of New York

Steele v. Steele

3 A.D.2d 826, 161 N.Y.S.2d 828, 1957 N.Y. App. Div. LEXIS 5829

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

DecidedApril 16, 1957

StatusPublished

This text of 3 A.D.2d 826 (Steele v. Steele) 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

Steele v. Steele, 3 A.D.2d 826, 161 N.Y.S.2d 828, 1957 N.Y. App. Div. LEXIS 5829 (N.Y. Ct. App. 1957).

Pincite

Opinion

The parties have a continuing controversy as to their marital status. The interests of both parties can best be served by the resolution of that controversy in this action. Accordingly the defendant should be allowed to defend. Order unanimously reversed and the motion granted to the extent of opening defendant’s default and leaving to the trial court the determination of whether a counsel fee should be awarded defendant at plaintiff’s expense, and, if so, the amount of such counsel fee. This determination is without costs. Settle order on notice. Concur- — -Peek, P. J., Breitel, Prank, Valente and McNally, JJ.

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The parties have a continuing controversy as to their marital status. The interests of both parties can best be served by the resolution of that controversy in this action. Accordingly the defendant should be allowed to defend. Order unanimously reversed and the motion granted to the extent of opening defendant’s default and leaving to the trial court the determination of whether a counsel fee should be awarded defendant at plaintiff’s expense, and, if so, the amount of such counsel fee. This determination is without costs. Settle order on notice. Concur- — -Peek, P. J., Breitel, Prank, Valente and McNally, JJ.

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Bluebook (online)

3 A.D.2d 826, 161 N.Y.S.2d 828, 1957 N.Y. App. Div. LEXIS 5829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-steele-nyappdiv-1957.