Watkins v. Watkins

Appellate Division of the Supreme Court of New York

Watkins v. Watkins

19 A.D.2d 872, 244 N.Y.S.2d 86, 1963 N.Y. App. Div. LEXIS 2905

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

DecidedNovember 19, 1963

StatusPublished

This text of 19 A.D.2d 872 (Watkins v. Watkins) 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

Watkins v. Watkins, 19 A.D.2d 872, 244 N.Y.S.2d 86, 1963 N.Y. App. Div. LEXIS 2905 (N.Y. Ct. App. 1963).

Pincite

Opinion

—• Judgment making certain support provisions in a separation action in which no decree of separation was entered (Civ. Prac. Act, § 1164), is unanimously modified, on the law and the facts, to the extent of directing payment of $600 a month for the support of plaintiff and the infant child of the marriage, as well as payment by defendant husband of real estate and water taxes and mortgage amortization and interest on the home in Connecticut owned jointly by the parties, reducing the counsel fee awarded to plaintiff’s counsel to $1,000 in addition to the $350 already paid, striking all other provisions for payments and otherwise affirming, without costs. In the light of the evidence showing the established standard of living of the parties and the income of the husband, the additional .provisions for payment directed by the trial court were excessive and have therefore been stricken. The court had power to provide that the wife occupy the house owned jointly by the parties and that the husband pay certain-financing and other charges connected with the maintenance of the house (see Domestic Relations Law, §§ 234, 236). Settle order on notice. Concur — Botein, P. J., Rabin, McNally, Eager and Steuer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—• Judgment making certain support provisions in a separation action in which no decree of separation was entered (Civ. Prac. Act, § 1164), is unanimously modified, on the law and the facts, to the extent of directing payment of $600 a month for the support of plaintiff and the infant child of the marriage, as well as payment by defendant husband of real estate and water taxes and mortgage amortization and interest on the home in Connecticut owned jointly by the parties, reducing the counsel fee awarded to plaintiff’s counsel to $1,000 in addition to the $350 already paid, striking all other provisions for payments and otherwise affirming, without costs. In the light of the evidence showing the established standard of living of the parties and the income of the husband, the additional .provisions for payment directed by the trial court were excessive and have therefore been stricken. The court had power to provide that the wife occupy the house owned jointly by the parties and that the husband pay certain-financing and other charges connected with the maintenance of the house (see Domestic Relations Law, §§ 234, 236). Settle order on notice. Concur — Botein, P. J., Rabin, McNally, Eager and Steuer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.2d 872, 244 N.Y.S.2d 86, 1963 N.Y. App. Div. LEXIS 2905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-watkins-nyappdiv-1963.