Abbey v. Abbey
| Decision Date | 02 February 1959 |
| Citation | 182 N.Y.S.2d 845,7 A.D.2d 910 |
| Parties | Frieda R. ABBEY, Respondent, v. Harry ABBEY, Appellant (two cases). |
| Court | New York Supreme Court — Appellate Division |
Murray A. Harris, New York City, for appellant.
Wolf, Popper, Ross, Wolf & Jones, New York City, Irwin Weinbaum, New York City, of counsel, for respondent.
Before NOLAN, P. J., and WENZEL, BELDOCK, MURPHY and UGHETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal (1) from an order entered April 1, 1958, granting a motion to punish appellant for contempt for failure to pay temporary alimony and a counsel fee, as directed by an order entered December 19, 1957, and (2) from an order entered October 16, 1958 denying appellant's motion to be relieved of the order adjudging him in contempt and to modify the order entered December 19, 1957, by reducing the amounts directed to be paid thereby.
Orders entered April 1, 1958, and October 16, 1958, reversed, without costs, and matters remitted to the Special Term, for a hearing in accordance with the views indicated herein.
No hearing has been held as to appellant's financial circumstances or as to his ability to comply with the order awarding temporary alimony and a counsel fee, despite his request for such a hearing. The Special Term may decide, after a hearing, whether appellant was and is, as he contends, financially unable to comply with the order of December 19, 1957, and whether the amounts allowed therein should be reduced (Civil Practice Act, § 1172-a). The facts with respect thereto may be better determined after the taking of oral proof than on conflicting affidavits. Larotondo v. Larotondo, 285 App.Div. 899, 137 N.Y.S.2d 866.
To continue reading
Request your trial
-
Agur v. Wilson
...ability of a spouse to pay. E. g., Shkolnik v. Shkolnik, 41 App.Div.2d 523, 340 N.Y.S.2d 70 (1st Dep't 1973); Abbey v. Abbey, 7 App.Div.2d 910, 182 N.Y.S. 2d 845 (2d Dep't 1959); Larotondo v. Larotondo, 285 App.Div. 899, 137 N.Y.S. 2d 866 (2d Dep't 1955); Kruger v. Kruger, 279 App.Div. 808,......
-
Digilio v. Digilio
...upon the basis of oral proof rather than upon the basis of the conflicting affidavits presented to the Special Term (Abbey v. Abbey, 7 A.D. 2d 910, 182 N.Y.S.2d 845). ...
-
Stanco v. Stanco
...it seems to me reasonable that he be permitted to do so (Larotondo v. Larotondo, 285 App.Div. 899, 137 N.Y.S.2d 866; Abbey v. Abbey, 7 A.D.2d 910, 182 N.Y.S.2d 845) before he be subjected to the harsh remedy of punishment for a contempt which he insists he did not wilfully The motion to pun......
-
Crowder v. Crowder
...asserted. The essential facts are best determined after the taking of oral proof, rather than on conflicting affidavits (Abbey v. Abbey, 7 A.D.2d 910, 182 N.Y.S.2d 845). SAMUEL RABIN, P.J., and MUNDER, MARTUSCELLO, LATHAM and BENJAMIN, JJ., ...