Wilson v. Wilson

Appellate Division of the Supreme Court of New York

Wilson v. Wilson

42 A.D.2d 521, 345 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 3807

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

DecidedJune 7, 1973

StatusPublished

This text of 42 A.D.2d 521 (Wilson v. Wilson) 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

Wilson v. Wilson, 42 A.D.2d 521, 345 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 3807 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered January 12, 1973, is unanimously modified, on the law and the facts, to reduce the award for alimony to the sum of $125 per week, and to reduce counsel fees to the sum of $1,000 and, as so modified, affirmed, without costs and without disbursements. Considering the entire circumstances of the parties, including their respective ages, the financial circumstances of each of the parties, and the demonstrated ability of the wife to be self-supporting, we find that the award is excessive to the extent indicated (see Rover v. Rover, 29 N Y 2d 408). Defendant’s request for restitution of the alimony paid pursuant to the temporary order is, however, without merit. (See Baker v. Baker, 17 A D 2d 924; Haas v. Haas, 271 App. Div. 107.) Concur — Stevens, P. J., Markewich, Nunez, Kupferman and Tilzer, JJ.

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Judgment, Supreme Court, New York County, entered January 12, 1973, is unanimously modified, on the law and the facts, to reduce the award for alimony to the sum of $125 per week, and to reduce counsel fees to the sum of $1,000 and, as so modified, affirmed, without costs and without disbursements. Considering the entire circumstances of the parties, including their respective ages, the financial circumstances of each of the parties, and the demonstrated ability of the wife to be self-supporting, we find that the award is excessive to the extent indicated (see Rover v. Rover, 29 N Y 2d 408). Defendant’s request for restitution of the alimony paid pursuant to the temporary order is, however, without merit. (See Baker v. Baker, 17 A D 2d 924; Haas v. Haas, 271 App. Div. 107.) Concur — Stevens, P. J., Markewich, Nunez, Kupferman and Tilzer, JJ.

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Bluebook (online)

42 A.D.2d 521, 345 N.Y.S.2d 992, 1973 N.Y. App. Div. LEXIS 3807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-wilson-nyappdiv-1973.