Sudano v. Sudano

Appellate Division of the Supreme Court of New York

Sudano v. Sudano

51 A.D.2d 540, 378 N.Y.S.2d 80, 1976 N.Y. App. Div. LEXIS 10777

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 1976·Published

Opinion

In an action in which a judgment of the Supreme Court, Nassau County, was entered January 9, 1975, granting plaintiff a separation, defendant appeals, as limited by his brief, from so much of that judgment as (1) awarded plaintiff $60 per week alimony, (2) dismissed his counterclaim seeking a proprietary interest in the marital premises and (3) awarded plaintiff a counsel fee of $1,400. Judgment affirmed insofar as appealed from, without costs.. In our view, considering the whole record on this appeal and the financial status of the respective parties, the awards of alimony and counsel fees were not excessive. Finally, the record supports the finding of the Trial Justice that defendant failed to prove that he had any proprietary interest in the marital premises, the title to which was in plaintiff’s name alone. Gulotta, P. J., Hopkins, Martuscello, Cohalan and Rabin, JJ., concur.

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In an action in which a judgment of the Supreme Court, Nassau County, was entered January 9, 1975, granting plaintiff a separation, defendant appeals, as limited by his brief, from so much of that judgment as (1) awarded plaintiff $60 per week alimony, (2) dismissed his counterclaim seeking a proprietary interest in the marital premises and (3) awarded plaintiff a counsel fee of $1,400. Judgment affirmed insofar as appealed from, without costs.. In our view, considering the whole record on this appeal and the financial status of the respective parties, the awards of alimony and counsel fees were not excessive. Finally, the record supports the finding of the Trial Justice that defendant failed to prove that he had any proprietary interest in the marital premises, the title to which was in plaintiff’s name alone. Gulotta, P. J., Hopkins, Martuscello, Cohalan and Rabin, JJ., concur.

Sudano v. Sudano, 51 A.D.2d 540, 378 N.Y.S.2d 80, 1976 N.Y. App. Div. LEXIS 10777 (N.Y. Ct. App. 1976).

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51 A.D.2d 540 (Sudano v. Sudano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.