Willis v. Sabel

Appellate Division of the Supreme Court of New York

Willis v. Sabel

24 A.D.2d 459, 260 N.Y.S.2d 423, 1965 N.Y. App. Div. LEXIS 4035

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

DecidedJune 1, 1965

StatusPublished

This text of 24 A.D.2d 459 (Willis v. Sabel) 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

Willis v. Sabel, 24 A.D.2d 459, 260 N.Y.S.2d 423, 1965 N.Y. App. Div. LEXIS 4035 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to annul a marriage, the parties cross-appeal from so much of an order of the Supreme Court, Westchester County, entered March 3, 1965 as awarded to plaintiff, pendente lite, $225 a week alimony and $1,500 counsel fees. Plaintiff claims inadequacy; defendant claims excessiveness. Order, insofar as appealed from by the respective parties, affirmed, without costs. In our opinion, upon the facts insofar as they are ascertainable from the conflicting affidavits in the record, the allowances by the Special Term were reasonable and proper. This ruling, based as it is on conflicting affidavits, should have no effect upon the Trial Judge in his determination as to the permanent alimony, if any, and as to the additional counsel fee, if any. His determination should rest exclusively upon the proof adduced at the trial. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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In an action to annul a marriage, the parties cross-appeal from so much of an order of the Supreme Court, Westchester County, entered March 3, 1965 as awarded to plaintiff, pendente lite, $225 a week alimony and $1,500 counsel fees. Plaintiff claims inadequacy; defendant claims excessiveness. Order, insofar as appealed from by the respective parties, affirmed, without costs. In our opinion, upon the facts insofar as they are ascertainable from the conflicting affidavits in the record, the allowances by the Special Term were reasonable and proper. This ruling, based as it is on conflicting affidavits, should have no effect upon the Trial Judge in his determination as to the permanent alimony, if any, and as to the additional counsel fee, if any. His determination should rest exclusively upon the proof adduced at the trial. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

24 A.D.2d 459, 260 N.Y.S.2d 423, 1965 N.Y. App. Div. LEXIS 4035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-sabel-nyappdiv-1965.