Van Dusen v. Van Dusen

Appellate Division of the Supreme Court of New York

Van Dusen v. Van Dusen

258 A.D. 1020, 17 N.Y.S.2d 96, 1940 N.Y. App. Div. LEXIS 8666

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

DecidedJanuary 24, 1940

StatusPublished

Cited by17 cases

This text of 258 A.D. 1020 (Van Dusen v. Van Dusen) 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

Van Dusen v. Van Dusen, 258 A.D. 1020, 17 N.Y.S.2d 96, 1940 N.Y. App. Div. LEXIS 8666 (N.Y. Ct. App. 1940).

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Opinion

The appellant was the plaintiff in an action for a separation, in which alimony was awarded by the final judgment. When by the terms of the judgment $1,500 had accrued due and was unpaid she moved for an order directing the Delaware county clerk to enter and docket a money judgment in her favor against defendant-respondent for $1,500. The court reduced the alimony nunc gro tunc and directed [1021]*1021the entry of a judgment for $350, payable in installments. The court had authority under section 1170 of the Civil Practice Act to So modify the final judgment as to alimony past due or thereafter to become due. (Fox v. Fox, 263 N. Y. 68; Kirkbride v. Van Note, 275 id. 244; Karlin v. Karlin, 280 id. 32.) Order unanimously affirmed. Present — Hill, P. J., Crapser, Heffernan, Schenck and Foster, JJ.

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The appellant was the plaintiff in an action for a separation, in which alimony was awarded by the final judgment. When by the terms of the judgment $1,500 had accrued due and was unpaid she moved for an order directing the Delaware county clerk to enter and docket a money judgment in her favor against defendant-respondent for $1,500. The court reduced the alimony nunc gro tunc and directed [1021]*1021the entry of a judgment for $350, payable in installments. The court had authority under section 1170 of the Civil Practice Act to So modify the final judgment as to alimony past due or thereafter to become due. (Fox v. Fox, 263 N. Y. 68; Kirkbride v. Van Note, 275 id. 244; Karlin v. Karlin, 280 id. 32.) Order unanimously affirmed. Present — Hill, P. J., Crapser, Heffernan, Schenck and Foster, JJ.

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Bluebook (online)

258 A.D. 1020, 17 N.Y.S.2d 96, 1940 N.Y. App. Div. LEXIS 8666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-dusen-v-van-dusen-nyappdiv-1940.

Opinion

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