Terdeman v. Terdeman

Appellate Division of the Supreme Court of New York

Terdeman v. Terdeman

44 A.D.2d 562, 352 N.Y.S.2d 681, 1974 N.Y. App. Div. LEXIS 5584

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

DecidedMarch 4, 1974

StatusPublished

This text of 44 A.D.2d 562 (Terdeman v. Terdeman) 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

Terdeman v. Terdeman, 44 A.D.2d 562, 352 N.Y.S.2d 681, 1974 N.Y. App. Div. LEXIS 5584 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action for divorce, based upon a prior judgment of separation, the defendant wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County, entered June 7, 1973, as (1) reduced the award of alimony and child support in the separation judgment and (2) adjourned the trial until January 22, 1974. Order reversed insofar as appealed from, on the law, with costs, and complaint dismissed. The appeal did not present questions of fact. The separation judgment was granted on May 19, 1971. The instant action was commenced on September 8, 1972, pursuant to subdivision- (5) of section 170 of the Domestic Relations Law, plaintiff claiming he had substantially complied with the separation judgment. Special Term [563]*563found that there had not been substantial compliance. It thereupon became incumbent upon the court to dismiss the complaint. Martuscello, Acting P. J., Shapiro, Christ, Benjamin and Munder, JJ., concur.

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In an action for divorce, based upon a prior judgment of separation, the defendant wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County, entered June 7, 1973, as (1) reduced the award of alimony and child support in the separation judgment and (2) adjourned the trial until January 22, 1974. Order reversed insofar as appealed from, on the law, with costs, and complaint dismissed. The appeal did not present questions of fact. The separation judgment was granted on May 19, 1971. The instant action was commenced on September 8, 1972, pursuant to subdivision- (5) of section 170 of the Domestic Relations Law, plaintiff claiming he had substantially complied with the separation judgment. Special Term [563]*563found that there had not been substantial compliance. It thereupon became incumbent upon the court to dismiss the complaint. Martuscello, Acting P. J., Shapiro, Christ, Benjamin and Munder, JJ., concur.

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Bluebook (online)

44 A.D.2d 562, 352 N.Y.S.2d 681, 1974 N.Y. App. Div. LEXIS 5584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terdeman-v-terdeman-nyappdiv-1974.