Zeitouni v. Zeitouni

Appellate Division of the Supreme Court of New York

Zeitouni v. Zeitouni

48 A.D.2d 941, 370 N.Y.S.2d 19, 1975 N.Y. App. Div. LEXIS 10231

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

DecidedJune 30, 1975

StatusPublished

Cited by1 cases

This text of 48 A.D.2d 941 (Zeitouni v. Zeitouni) 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

Zeitouni v. Zeitouni, 48 A.D.2d 941, 370 N.Y.S.2d 19, 1975 N.Y. App. Div. LEXIS 10231 (N.Y. Ct. App. 1975).

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Opinion

In an action in which a judgment of the Supreme Court, Kings County, was entered, inter alia, granting plaintiff a divorce, defendant appeals from an order of the same court, entered April 25, 1975, which denied his motion pursuant to section 246 of the Domestic Relations Law (1) to modify the judgment of divorce as to the amount of alimony to be paid thereunder and (2) to relieve him from a contempt order entered in the same court on March 14, 1975. Order reversed, without costs, and motion remitted to Special Term for an evidentiary hearing to determine the issues of alimony payments and contempt. "Where a party may be held in contempt and committed and where the affidavits relating to his financial position are contradictory, a full and formal evidentiary hearing should be held and a record made thereof so as to permit a review of any determination made” (Pirrotta v Pirrotta, 42 AD2d 715). Rabin, Acting P. J., Latham, Cohalan, Christ and Brennan, JJ., concur.

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In an action in which a judgment of the Supreme Court, Kings County, was entered, inter alia, granting plaintiff a divorce, defendant appeals from an order of the same court, entered April 25, 1975, which denied his motion pursuant to section 246 of the Domestic Relations Law (1) to modify the judgment of divorce as to the amount of alimony to be paid thereunder and (2) to relieve him from a contempt order entered in the same court on March 14, 1975. Order reversed, without costs, and motion remitted to Special Term for an evidentiary hearing to determine the issues of alimony payments and contempt. "Where a party may be held in contempt and committed and where the affidavits relating to his financial position are contradictory, a full and formal evidentiary hearing should be held and a record made thereof so as to permit a review of any determination made” (Pirrotta v Pirrotta, 42 AD2d 715). Rabin, Acting P. J., Latham, Cohalan, Christ and Brennan, JJ., concur.

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Bluebook (online)

48 A.D.2d 941, 370 N.Y.S.2d 19, 1975 N.Y. App. Div. LEXIS 10231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zeitouni-v-zeitouni-nyappdiv-1975.

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