Landes v. Landes
Decision Date | 25 February 1955 |
Citation | 207 Misc. 460 |
Parties | Sylvia Landes, Petitioner,<BR>v.<BR>Philip Landes, Respondent. |
Court | New York Family Court |
Peter Campbell Brown, Corporation Counsel (Janet H. Lewin of counsel), for petitioner.
Philip A. Levey and Norman Goodman for respondent.
The first trial of this proceeding brought by petitioner against respondent, for the support of their child living with the petitioner in California under the Uniform Support of Dependents Law (L. 1949, ch. 807, as amd.), resulted in a reversal by the Appellate Division of the Supreme Court, First Department (283 App. Div. 770) under the title of Anonymous v. Anonymous. The reversal came about as a result of deficiencies in the record of the trial and the proceeding was remitted to this court for retrial.
This proceeding originated in the Superior Court of the State of California in and for the County of Los Angeles by the filing of a petition there on March 26, 1952, under the "Uniform Reciprocal Enforcement of Support Act" being title 10 comprising sections 1650 to 1690, inclusive, to part 3 of the Code of Civil Procedure.
As a result of proceedings duly had in accordance with our statute, the respondent filed an amended answer denying material allegations of the petition and setting up certain affirmative defenses.
The third affirmative defense relating to the constitutionality of the law is set forth in full as follows:
Interrogatories were submitted, answered and read into evidence and the trial was finally thereafter concluded.
It is well to note at the outset that the petitioner seeks support for the child of these parties only. On July 29, 1953, this petitioner obtained a divorce in California against this respondent on constructive service. Had she sought support for herself, she would be precluded by lack of subject matter jurisdiction. (N. Y. City Dom. Rel. Ct. Act, § 137, subd. 1.) She would further be estopped under the doctrine of Krause v. Krause (282 N.Y. 355). Also, see, to the same effect Ross v. Ross (206 Misc. 1073), which involved a California divorce and a respondent residing in New York State.
The New York and California statutes provide a civil proceeding for support of children whenever the person chargeable with support is beyond the residential jurisdiction of the court where the dependent resides. (See "Bellanca" v. "Belanca", 199 Misc. 698.) The intent and purpose of the New York statute is ably set forth in a decision by my former learned associate Mr. Justice SICHER in "Vincenza" v. "Vincenza" (197 Misc. 1027). An examination of both the New York and California statutes leads me to the conclusion that in my opinion they are substantially similar. They have an identity of underlying purpose and sufficient similarity to permit reciprocity between States.
As to the constitutional questions raised by the respondent, this court finds the New York statute constitutional. The same or similar statutes have been declared constitutional in other States as follows: 1. Ohio Supreme Court, Pennsylvania ex rel. Dept. of Public Assistance v. Mong (160 Ohio State 455); 2. Supreme Court of North Carolina, Mahan v. Reed (240...
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Marriage of Lurie, In re
...the New York law differs in some respects from URESA, it is similar enough to permit reciprocity with California. (Landes v. Landes (1955) 207 Misc. 460, 138 N.Y.S.2d 442, 445.) New York's obligation of child support until age 21 is expressly incorporated into its USDL as Domestic Relations......
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Santa Clara County, Cal. v. Hughes
...support under the Uniform Support of Dependents Law are not violative of any of the respondent's constitutional rights (Lands v. Landes, 207 Misc. 460, 138 N.Y.S.2d 442, affirmed 1 A.D.2d 772, 149 N.Y.S.2d 216, affirmed 1 N.Y.2d 358, 153 N.Y.S.2d 14, appeal dismissed 352 U.S. 948, 77 S.Ct. ......
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Morse v. Morse
...the Court of Appeals, Landes v. Landes, 1 N.Y.2d 358, 153 N.Y.S.2d 14; Id., 1 N.Y.2d 827, 153 N.Y.S.2d 208, affirming Landes v. Landes, 207 Misc. 460, 138 N.Y.S.2d 442, affirmed 1 A.D.2d 772, 149 N.Y.S.2d 216. The court affirmed a support order made by the Family Division of the Domestic Re......
- Landes v. Landes