Zollo v. Zollo

Appellate Division of the Supreme Court of New York

Zollo v. Zollo

1 A.D.2d 983, 151 N.Y.S.2d 397, 1956 N.Y. App. Div. LEXIS 5649

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

DecidedApril 30, 1956

StatusPublished

This text of 1 A.D.2d 983 (Zollo v. Zollo) 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

Zollo v. Zollo, 1 A.D.2d 983, 151 N.Y.S.2d 397, 1956 N.Y. App. Div. LEXIS 5649 (N.Y. Ct. App. 1956).

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Opinion

In an action for a separation, the appeal is from so much of an order made on reargument as adheres to the original determination awarding to respondent alimony of $35 a week and a counsel fee of $350. Order modified by striking therefrom the third ordering paragraph and by striking from the second ordering paragraph everything following the words “ adhered to ” and by substituting therefor the words “except that the alimony payable pendente lite to the plaintiff shall be at the rate of $17.50 a week; and it is further”. As [984]*984so modified, order, insofar as appealed from, affirmed, without costs. In our opinion, upon the uncontested factual showing of appellant’s $48 weekly “ take-home ” pay, an alimony award of $35 a week was not warranted, and an award of $17.50 a week pendente lite under the circumstances of the ease is appropriate. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur. [See post, p. 1027.]

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In an action for a separation, the appeal is from so much of an order made on reargument as adheres to the original determination awarding to respondent alimony of $35 a week and a counsel fee of $350. Order modified by striking therefrom the third ordering paragraph and by striking from the second ordering paragraph everything following the words “ adhered to ” and by substituting therefor the words “except that the alimony payable pendente lite to the plaintiff shall be at the rate of $17.50 a week; and it is further”. As [984]*984so modified, order, insofar as appealed from, affirmed, without costs. In our opinion, upon the uncontested factual showing of appellant’s $48 weekly “ take-home ” pay, an alimony award of $35 a week was not warranted, and an award of $17.50 a week pendente lite under the circumstances of the ease is appropriate. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur. [See post, p. 1027.]

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Bluebook (online)

1 A.D.2d 983, 151 N.Y.S.2d 397, 1956 N.Y. App. Div. LEXIS 5649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zollo-v-zollo-nyappdiv-1956.