Wilde v. Wilde

Appellate Division of the Supreme Court of New York

Wilde v. Wilde

25 A.D.2d 733, 269 N.Y.S.2d 935, 1966 N.Y. App. Div. LEXIS 4475

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

DecidedApril 19, 1966

StatusPublished

This text of 25 A.D.2d 733 (Wilde v. Wilde) 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

Wilde v. Wilde, 25 A.D.2d 733, 269 N.Y.S.2d 935, 1966 N.Y. App. Div. LEXIS 4475 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously modified on tbe facts to reduee the principal sum to $6,752.78 and, as so modified, affirmed, without costs or disbursements. The court found that defendant’s liability was $125 a week for the period that plaintiff was deprived of support, against which sum defendant was entitled to certain credits. With this we agree. The court, however, in making the calculation used a period of 78 weeks, whieh equalled the year and a half whieh was referred to on the trial. Actually, the record shows that the period during which plaintiff was deprived of support, and hence was entitled to sue for necessaries, was 74% weeks. The modification refleets the difference.

Concur — Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.

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Judgment unanimously modified on tbe facts to reduee the principal sum to $6,752.78 and, as so modified, affirmed, without costs or disbursements. The court found that defendant’s liability was $125 a week for the period that plaintiff was deprived of support, against which sum defendant was entitled to certain credits. With this we agree. The court, however, in making the calculation used a period of 78 weeks, whieh equalled the year and a half whieh was referred to on the trial. Actually, the record shows that the period during which plaintiff was deprived of support, and hence was entitled to sue for necessaries, was 74% weeks. The modification refleets the difference.

Concur — Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

25 A.D.2d 733, 269 N.Y.S.2d 935, 1966 N.Y. App. Div. LEXIS 4475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilde-v-wilde-nyappdiv-1966.