Gurian v. Gurian
| Decision Date | 26 April 1971 |
| Citation | 36 A.D.2d 853,321 N.Y.S.2d 452 |
| Parties | Libby GURIAN, Respondent-Appellant, v. William GURIAN, Appellant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ash & Miller, New York City, for respondent-appellant; Theodore M. Wolkof, New York City, of counsel.
Gerald S. Held, Brooklyn, for appellant-respondent.
Before RABIN, P.J., and MUNDER, LATHAM, CHRIST and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
In an action for a separation (1) defendant appeals from so much of a judgment of the Supreme Court, Kings County, dated September 28, 1970, as granted to plaintiff a decree of separation on the ground of defendant's abandonment and failure to support her, awarded permanent alimony to her at the rate of $75 per week commencing as of the date of the institution of this action, and granted her counsel fees of $750; and (2) plaintiff cross appeals therefrom insofar as it limited the counsel fees to $750.
Judgment, insofar as appealed from, modified on the facts and in the exercise of discretion by reducing the amount of alimony to Twenty-five ($25.00) dollars per week, commencing as of February 11, 1970, the date of the institution of this action, and otherwise affirmed, without costs.
In view of the facts: (1) that the parties have lived together less than two years; (2) there is no issue of the marriage; (3) plaintiff had previously been married three times, one marriage terminating in divorce, the second in death of her spouse, and the third in annulment; (4) prior to the marriage plaintiff had supported herself, she has her own business, has at least $8,000 in bank accounts and appears to be capable of supporting herself; and (5) defendant is sixty-one years of age and dependent on his salary for a livelihood, it is our opinion that the amount of alimony should be reduced to the extent indicated.
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...Respondent. Court of Appeals of New York. Jan. 13, 1972. Appeal from the Supreme Court, Appellate Division, Second Department, 36 A.D.2d 853, 321 N.Y.S.2d 452. The Supreme Court, Kings County, granted separation to the wife and the husband The Appellate Division modified the judgment by red......