Szabo v. Szabo

Appellate Division of the Supreme Court of New York

Szabo v. Szabo

263 A.D. 714, 31 N.Y.S.2d 99

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

DecidedNovember 28, 1941

StatusPublished

This text of 263 A.D. 714 (Szabo v. Szabo) 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

Szabo v. Szabo, 263 A.D. 714, 31 N.Y.S.2d 99 (N.Y. Ct. App. 1941).

Pincite

Opinion

Untermyer, J.

(dissenting). Although we are inclined to the opinion that the judgment in favor of the defendant on the plaintiff’s cause of action is against the weight of the evidence, that issue seems not to be important since the parties are separated under a written contract which provides for the support of the wife. We find no possible basis, however, for the judgment against the plaintiff on the defendant’s counterclaim for abandonment. The alleged abandonment consisted of a separation which occurred pursuant to a written separation agreement between the parties, the enforeibility of which is rendered doubtful by the present judgment.

The judgment, to the extent that it grants a separation in favor of the defendant husband, should be reversed and the counterclaim dismissed.

O’Malley, J., concurs.

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Untermyer, J.

(dissenting). Although we are inclined to the opinion that the judgment in favor of the defendant on the plaintiff’s cause of action is against the weight of the evidence, that issue seems not to be important since the parties are separated under a written contract which provides for the support of the wife. We find no possible basis, however, for the judgment against the plaintiff on the defendant’s counterclaim for abandonment. The alleged abandonment consisted of a separation which occurred pursuant to a written separation agreement between the parties, the enforeibility of which is rendered doubtful by the present judgment.

The judgment, to the extent that it grants a separation in favor of the defendant husband, should be reversed and the counterclaim dismissed.

O’Malley, J., concurs.

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Bluebook (online)

263 A.D. 714, 31 N.Y.S.2d 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szabo-v-szabo-nyappdiv-1941.