Strauss v. Strauss

Appellate Division of the Supreme Court of New York

Strauss v. Strauss

71 A.D.2d 603, 418 N.Y.S.2d 559, 1979 N.Y. App. Div. LEXIS 12808

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

DecidedJuly 2, 1979

StatusPublished

This text of 71 A.D.2d 603 (Strauss v. Strauss) 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

Strauss v. Strauss, 71 A.D.2d 603, 418 N.Y.S.2d 559, 1979 N.Y. App. Div. LEXIS 12808 (N.Y. Ct. App. 1979).

Pincite

Opinion

—In an action involving a separation agreement, defendant appeals from an order of the Supreme Court, Nassau County, dated October 6, 1978, which denied his motion for partial summary judgment dismissing the second cause of action. Order reversed, on the law, without costs or disbursements, and defendant’s motion granted dismissing the second cause of action. Under the agreement in issue the defendant husband agreed to pay the plaintiff alimony of $67,000 for the year 1974 and the wife was to pay her own counsel fees. It is clear from the record that plaintiff has met his 1974 alimony obligations. The wife’s claim that $15,000 of the sum paid represents a gratuitous payment to her of counsel fees and that, therefore, $15,000 is still due as alimony is patently meritless. Lazer, J. P., Rabin, Gulotta and Shapiro, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action involving a separation agreement, defendant appeals from an order of the Supreme Court, Nassau County, dated October 6, 1978, which denied his motion for partial summary judgment dismissing the second cause of action. Order reversed, on the law, without costs or disbursements, and defendant’s motion granted dismissing the second cause of action. Under the agreement in issue the defendant husband agreed to pay the plaintiff alimony of $67,000 for the year 1974 and the wife was to pay her own counsel fees. It is clear from the record that plaintiff has met his 1974 alimony obligations. The wife’s claim that $15,000 of the sum paid represents a gratuitous payment to her of counsel fees and that, therefore, $15,000 is still due as alimony is patently meritless. Lazer, J. P., Rabin, Gulotta and Shapiro, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.2d 603, 418 N.Y.S.2d 559, 1979 N.Y. App. Div. LEXIS 12808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strauss-v-strauss-nyappdiv-1979.