Vogel v. Vogel

Appellate Division of the Supreme Court of New York

Vogel v. Vogel

281 A.D. 1036, 121 N.Y.S.2d 133, 1953 N.Y. App. Div. LEXIS 4246

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

DecidedMay 11, 1953

StatusPublished

This text of 281 A.D. 1036 (Vogel v. Vogel) 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

Vogel v. Vogel, 281 A.D. 1036, 121 N.Y.S.2d 133, 1953 N.Y. App. Div. LEXIS 4246 (N.Y. Ct. App. 1953).

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Opinion

In an action for separation, defendant appeals from an order granting plaintiff’s motion for temporary alimony and counsel fee. Order modified by striking therefrom the ordering paragraphs and by substituting, in lieu thereof, a provision referring the motion to the trial court in which the action is to be tried. As so modified, the order is affirmed, without costs. In our opinion, it cannot be determined, on the papers submitted, where the truth lies as to the facts upon which a decision on the motion must be based. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ., concur.

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In an action for separation, defendant appeals from an order granting plaintiff’s motion for temporary alimony and counsel fee. Order modified by striking therefrom the ordering paragraphs and by substituting, in lieu thereof, a provision referring the motion to the trial court in which the action is to be tried. As so modified, the order is affirmed, without costs. In our opinion, it cannot be determined, on the papers submitted, where the truth lies as to the facts upon which a decision on the motion must be based. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ., concur.

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Bluebook (online)

281 A.D. 1036, 121 N.Y.S.2d 133, 1953 N.Y. App. Div. LEXIS 4246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogel-v-vogel-nyappdiv-1953.