Weiss v. Weiss

Appellate Division of the Supreme Court of New York

Weiss v. Weiss

1 A.D.2d 769, 148 N.Y.S.2d 80, 1956 N.Y. App. Div. LEXIS 6456

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

DecidedJanuary 31, 1956

StatusPublished

This text of 1 A.D.2d 769 (Weiss v. Weiss) 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

Weiss v. Weiss, 1 A.D.2d 769, 148 N.Y.S.2d 80, 1956 N.Y. App. Div. LEXIS 6456 (N.Y. Ct. App. 1956).

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Opinion

Order unanimously modified by striking out the affirmative conditions attached to the denial of alimony, and by reversing the portion thereof allowing counsel fees, without costs. Settle order on notice. There may be circumstances when for the purpose of taking jurisdiction, the court will recognize the fact that husband and wife are separated though they reside at the same place; but the marital relationship shown by this record has been so intimately continued as to preclude the institution of an action for separation. Order unanimously reversed and the complaint dismissed, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, without costs. Concur— Peck, P. J., Breitel, Botein, Frank and Bergan, JJ.

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Order unanimously modified by striking out the affirmative conditions attached to the denial of alimony, and by reversing the portion thereof allowing counsel fees, without costs. Settle order on notice. There may be circumstances when for the purpose of taking jurisdiction, the court will recognize the fact that husband and wife are separated though they reside at the same place; but the marital relationship shown by this record has been so intimately continued as to preclude the institution of an action for separation. Order unanimously reversed and the complaint dismissed, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, without costs. Concur— Peck, P. J., Breitel, Botein, Frank and Bergan, JJ.

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Bluebook (online)

1 A.D.2d 769, 148 N.Y.S.2d 80, 1956 N.Y. App. Div. LEXIS 6456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-weiss-nyappdiv-1956.