Weitz v. Weitz

Appellate Division of the Supreme Court of New York

Weitz v. Weitz

1 A.D.2d 1025, 151 N.Y.S.2d 520, 1956 N.Y. App. Div. LEXIS 5410

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

DecidedMay 14, 1956

StatusPublished

Cited by4 cases

This text of 1 A.D.2d 1025 (Weitz v. Weitz) 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

Weitz v. Weitz, 1 A.D.2d 1025, 151 N.Y.S.2d 520, 1956 N.Y. App. Div. LEXIS 5410 (N.Y. Ct. App. 1956).

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Opinion

Appeal by plaintiff from an order modifying a final judgment of separation so as to reduce the support provision thereof insofar as it makes such reduction nunc pro tunc as of June 1, 1954. Order modified on the law by striking from the last ordering paragraph “June 1st, 1954” and by substituting therefor “June 17, 1955 ”. As so modified, order insofar as appealed from, affirmed, with $10 costs and disbursements to appellant. The findings of fact are affirmed. Respondent paid appellant $42.50 a week for the support and maintenance of herself and their son, pursuant to the final judgment of separation. The son entered military service on June 1, 1954, and attained his majority on May 1, 1955. On June 17, 1955, respondent moved to modify the judgment so as to provide for support for appellant only, retroactive to June 1, 1954, when the son entered military service. Special Term granted the application. This it was without power to do (Averett v. Averett, 110 Misc. 584, affd. 191 App. Div. 948; Haas v. Haas, 271 App. Div. 107; Griffin v. Griffin, 219 App. Div. 370; Rosenfleld v. Rosenfleld, 285 App. Div. 817). Under the circumstances the modification should have been granted as of June 17, 1955, when the application therefor was made (Harris v. Harris, 259 N. Y. 334). Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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Appeal by plaintiff from an order modifying a final judgment of separation so as to reduce the support provision thereof insofar as it makes such reduction nunc pro tunc as of June 1, 1954. Order modified on the law by striking from the last ordering paragraph “June 1st, 1954” and by substituting therefor “June 17, 1955 ”. As so modified, order insofar as appealed from, affirmed, with $10 costs and disbursements to appellant. The findings of fact are affirmed. Respondent paid appellant $42.50 a week for the support and maintenance of herself and their son, pursuant to the final judgment of separation. The son entered military service on June 1, 1954, and attained his majority on May 1, 1955. On June 17, 1955, respondent moved to modify the judgment so as to provide for support for appellant only, retroactive to June 1, 1954, when the son entered military service. Special Term granted the application. This it was without power to do (Averett v. Averett, 110 Misc. 584, affd. 191 App. Div. 948; Haas v. Haas, 271 App. Div. 107; Griffin v. Griffin, 219 App. Div. 370; Rosenfleld v. Rosenfleld, 285 App. Div. 817). Under the circumstances the modification should have been granted as of June 17, 1955, when the application therefor was made (Harris v. Harris, 259 N. Y. 334). Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

1 A.D.2d 1025, 151 N.Y.S.2d 520, 1956 N.Y. App. Div. LEXIS 5410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weitz-v-weitz-nyappdiv-1956.

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