Wessel v. Wessel

Appellate Division of the Supreme Court of New York

Wessel v. Wessel

32 A.D.2d 953, 303 N.Y.S.2d 838, 1969 N.Y. App. Div. LEXIS 3442

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

DecidedJuly 7, 1969

StatusPublished

This text of 32 A.D.2d 953 (Wessel v. Wessel) 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

Wessel v. Wessel, 32 A.D.2d 953, 303 N.Y.S.2d 838, 1969 N.Y. App. Div. LEXIS 3442 (N.Y. Ct. App. 1969).

Pincite

Opinion

In an action for separation, the defendant husband appeals, as limited by his notice of appeal and his brief, from so much of a judgment of the Supreme Court, Westchester County, dated April 5, 1968, as awarded alimony and support of the parties’ two children in the sum of $12,000 per annum and directed him to pay outstanding bills in the sum of $2,331.51 for necessaries purchased by plaintiff. Judgment modified, on the law and the facts, by deleting from the tenth decretal paragraph thereof the following: “Twelve Thousand Dollars ($12,000.)” and “Five Hundred Dollars ($500.)” and substituting therefor: “Ten Thousand Dollars ($10,000) ” and “Four Hundred Sixteen Dollars and Sixty Six Cents ($416.66) ”, respectively. As so modified, judgment affirmed insofar as appealed from, without costs. In our Opinion, upon the instant record, the award of alimony and support in the sum of $12,000 per annum was excessive. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action for separation, the defendant husband appeals, as limited by his notice of appeal and his brief, from so much of a judgment of the Supreme Court, Westchester County, dated April 5, 1968, as awarded alimony and support of the parties’ two children in the sum of $12,000 per annum and directed him to pay outstanding bills in the sum of $2,331.51 for necessaries purchased by plaintiff. Judgment modified, on the law and the facts, by deleting from the tenth decretal paragraph thereof the following: “Twelve Thousand Dollars ($12,000.)” and “Five Hundred Dollars ($500.)” and substituting therefor: “Ten Thousand Dollars ($10,000) ” and “Four Hundred Sixteen Dollars and Sixty Six Cents ($416.66) ”, respectively. As so modified, judgment affirmed insofar as appealed from, without costs. In our Opinion, upon the instant record, the award of alimony and support in the sum of $12,000 per annum was excessive. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

32 A.D.2d 953, 303 N.Y.S.2d 838, 1969 N.Y. App. Div. LEXIS 3442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wessel-v-wessel-nyappdiv-1969.