Vizvary v. Vizvary

Appellate Division of the Supreme Court of New York

Vizvary v. Vizvary

14 A.D.2d 807, 220 N.Y.S.2d 601, 1961 N.Y. App. Div. LEXIS 8427

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

DecidedOctober 23, 1961

StatusPublished

This text of 14 A.D.2d 807 (Vizvary v. Vizvary) 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

Vizvary v. Vizvary, 14 A.D.2d 807, 220 N.Y.S.2d 601, 1961 N.Y. App. Div. LEXIS 8427 (N.Y. Ct. App. 1961).

Pincite

Opinion

In our opinion, on this record the plaintiff makes a prima facie showing that she will probably succeed [808]*808in her action for a separation. Her allegations in her moving affidavits to the effect that defendant barred her from the marital residence and refused to let her return to him after a trial separation which he had proposed, and that he has refused to contribute to her support are undenied. In any event the defendant has asserted a counterclaim for an annulment of the marriage on the ground that the plaintiff induced him to enter into it by fraudulent representations and concealment of material facts. Under such circumstances, the plaintiff was entitled to an award of alimony pendente Kte and to the allowance of a counsel fee in an amount sufficient at least to permit her to defend against the counterclaim interposed by the defendant. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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In our opinion, on this record the plaintiff makes a prima facie showing that she will probably succeed [808]*808in her action for a separation. Her allegations in her moving affidavits to the effect that defendant barred her from the marital residence and refused to let her return to him after a trial separation which he had proposed, and that he has refused to contribute to her support are undenied. In any event the defendant has asserted a counterclaim for an annulment of the marriage on the ground that the plaintiff induced him to enter into it by fraudulent representations and concealment of material facts. Under such circumstances, the plaintiff was entitled to an award of alimony pendente Kte and to the allowance of a counsel fee in an amount sufficient at least to permit her to defend against the counterclaim interposed by the defendant. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

14 A.D.2d 807, 220 N.Y.S.2d 601, 1961 N.Y. App. Div. LEXIS 8427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vizvary-v-vizvary-nyappdiv-1961.