Abraham v. Abraham

Decision Date10 July 1967
CitationAbraham v. Abraham, 281 N.Y.S.2d 601, 28 A.D.2d 864 (N.Y. App. Div. 1967)
PartiesMiriam ABRAHAM, Respondent, v. Norman ABRAHAM, Appellant.
CourtNew York Supreme Court — Appellate Division

Before CHRIST, Acting P.J., and BRENNAN, HOPKINS, MUNDER and NOLAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from much of an order of the Supreme Court Queens County, dated March 9, 1967, as granted plaintiff's motion to adjudge defendant in contempt of court, fined him in the amount of $3,250, awarded plaintiff a $250 counsel fee and set forth various incidental provisions, all of which portions of the order constitute the following decretal paragraphs thereof: the first through the eighth, inclusive, and the tenth.

Order reversed insofar as appealed from, without costs; plaintiff's motion Inter alia to adjudge defendant in contempt of court denied, except that insofar as said motion sought a direction to defendant to pay arrears in alimony of $50 a week due under the separation judgment dated July 30, 1964, it is granted to the extent of adjudging that defendant has defaulted in payment and is in arrears beginning with the instalment due on August 10, 1964 and directing defendant to pay said arrears at the rate of $10 per week, in addition to the instalments which shall continue to accrue; those portions of the report of the learned Special...

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10 cases
  • Thaw v. Thaw
    • United States
    • New York Supreme Court
    • 30 Noviembre 1976
    ...effort to obtain the equitable assistance of this court in enforcing the judgment (Pal v. Pal, supra; see also Abraham v. Abraham,28 A.D.2d 864, 281 N.Y.S.2d 601 (2d Dep't, 1967); Schalk v. Schalk, 54 Misc.2d 439, 282 N.Y.S.2d 847). Similarly, the failure of the defendant to make payments o......
  • Dunne v. Dunne
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Abril 1991
    ...v. Lauricella, 143 A.D.2d 642, 645, 532 N.Y.S.2d 907; Cwiklinski v. Cwiklinski, 115 A.D.2d 951, 497 N.Y.S.2d 529; Abraham v. Abraham, 28 A.D.2d 864, 865, 281 N.Y.S.2d 601). Additionally, the court failed to set forth its reasons for such an award (see, Lauricella v. Lauricella, supra ). Thu......
  • Miller v. Miller
    • United States
    • New York Supreme Court — Appellate Division
    • 22 Marzo 1973
    ...18 N.Y.2d 652, 273 N.Y.S.2d 76, 219 N.E.2d 428.) . . ..' Later cases have reasserted the same elementary principle. Abraham v. Abraham, 28 A.D.2d 864, 281 N.Y.S.2d 601; Goldberg v. Berger, 31 A.D.2d 637, 295 N.Y.S.2d Thus, we agree with Special Term's characterization of the husband's condu......
  • Lax v. Lax
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Octubre 1977
    ...trial court, it was an abuse of discretion to award counsel fees (Brokaw v. Brokaw, 57 A.D.2d 519, 393 N.Y.S.2d 565; Abraham v. Abraham, 28 A.D.2d 864, 865, 281 N.Y.S.2d 601). ...
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