Weisbecker v. Weisbecker

Appellate Division of the Supreme Court of New York

Weisbecker v. Weisbecker

259 A.D. 230, 18 N.Y.S.2d 852, 1940 N.Y. App. Div. LEXIS 6102

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

DecidedApril 5, 1940

StatusPublished

Cited by2 cases

This text of 259 A.D. 230 (Weisbecker v. Weisbecker) 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

Weisbecker v. Weisbecker, 259 A.D. 230, 18 N.Y.S.2d 852, 1940 N.Y. App. Div. LEXIS 6102 (N.Y. Ct. App. 1940).

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Opinion

Per Curiam.

This motion for an order amending the final judgment herein by reducing the alimony by the sum of $1,500 a year was made by defendant at the Special Term pursuant to our decision in this case (258 App. Div. 790) wherein we indicated that an application to reduce permanent alimony by that sum properly might be made in view of the fact that one of the sons became of age on October 29, 1939. It is clear that defendant is entitled to the reduction on that ground under the provisions of the judgment without the necessity of a reference. The motion by plaintiff for counsel fees and expenses in opposing the application for this reduction should have been denied.

The order should be reversed, without costs, the motion to modify the decree by reducing permanent alimony from the sum of $6,500 to the sum of $5,000 granted, and the cross-motion of plaintiff for allowance for counsel fees and expenses denied.

Present — O’Malley, Townley, Dore and Cohn, JJ.

Order unanimously reversed, without costs, the motion to modify the decree by reducing permanent alimony from the sum of $6,500 to the sum of $5,000 granted, and the cross-motion of plaintiff for allowance for counsel fees and expenses denied.

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Per Curiam.

This motion for an order amending the final judgment herein by reducing the alimony by the sum of $1,500 a year was made by defendant at the Special Term pursuant to our decision in this case (258 App. Div. 790) wherein we indicated that an application to reduce permanent alimony by that sum properly might be made in view of the fact that one of the sons became of age on October 29, 1939. It is clear that defendant is entitled to the reduction on that ground under the provisions of the judgment without the necessity of a reference. The motion by plaintiff for counsel fees and expenses in opposing the application for this reduction should have been denied.

The order should be reversed, without costs, the motion to modify the decree by reducing permanent alimony from the sum of $6,500 to the sum of $5,000 granted, and the cross-motion of plaintiff for allowance for counsel fees and expenses denied.

Present — O’Malley, Townley, Dore and Cohn, JJ.

Order unanimously reversed, without costs, the motion to modify the decree by reducing permanent alimony from the sum of $6,500 to the sum of $5,000 granted, and the cross-motion of plaintiff for allowance for counsel fees and expenses denied.

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Bluebook (online)

259 A.D. 230, 18 N.Y.S.2d 852, 1940 N.Y. App. Div. LEXIS 6102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weisbecker-v-weisbecker-nyappdiv-1940.

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