Levinson v. Levinson
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | Before MANGANO |
| Citation | 467 N.Y.S.2d 427,97 A.D.2d 458 |
| Decision Date | 17 October 1983 |
| Parties | Susan B. LEVINSON, Appellant, v. Jerome LEVINSON, Respondent. |
Page 427
v.
Jerome LEVINSON, Respondent.
Second Department.
Page 428
Myrna Felder, New York City, for appellant.
Messinger, Alperin & Hufjay, Mount Vernon (David P. Geis, Mount Vernon, of counsel), for respondent.
Before MANGANO, J.P., and GIBBONS, O'CONNOR and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, plaintiff wife appeals from an order of the Supreme Court, Westchester County, entered April 15, 1983, which (1) denied her motion for a money judgment for arrears, a wage deduction order and the posting of security against the defendant husband and (2) granted so much of defendant's cross motion as requested a hearing on the issue of downward modification of his alimony payments.
Leave to appeal from so much of the order as directed a hearing is granted by Justice MANGANO (see Bagdy v. Progresso Foods Corp., 86 A.D.2d 589, 446 N.Y.S.2d 137).
Order modified, on the law and in the interest of justice, by deleting the provision denying plaintiff's motion, and substituting therefor a provision granting so much of plaintiff's motion as [97 A.D.2d 459] sought a judgment for arrears in the amount of $900 and a wage deduction order. As so modified, order affirmed, without costs or disbursements.
After a marriage of about 20 years, plaintiff wife brought an action for divorce upon the ground of cruel and inhuman treatment. Defendant husband counterclaimed for divorce, also on the ground of cruel and inhuman treatment. At the trial of the action, plaintiff withdrew her complaint, and defendant testified in support of his counterclaim. Testimony was also taken on the issues of child support and alimony. By decision dated September 11, 1975, the Supreme Court, Westchester County (BURCHELL, J.), (1) found sufficient evidence to warrant "a finding that the plaintiff has been guilty of cruel and inhuman treatment toward the defendant", (2) found an implied agreement between the parties wherein plaintiff had agreed to withdraw her complaint while defendant had agreed to waive the defense of the wife's misconduct to her claim of alimony under former section 236 of the Domestic Relations Law (now Domestic Relations Law, § 236, part A), and (3) awarded plaintiff, inter alia, the sum of $250 per week as alimony. Thereupon, plaintiff moved to set aside the decision, but the court denied the motion and granted a judgment of...
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Langdon v. Mohr
...petitioner-respondent upon Santamaria v. Santamaria, 74 Misc.2d 657, 345 N.Y.S.2d 906 [Sup.Ct., Nassau, 1973] and Levinson v. Levinson, 97 A.D.2d 458, 467 N.Y.S.2d 427 (1983), is misplaced. In both cases there were stipulations made in court which modified the prior decrees. In Santamaria, ......
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Janousek v. Janousek
...three child support payments and had the ability to make the payments (Personal Property Law, § 49-b, subd. 1, par. Levinson v. Levinson, 97 A.D.2d 458, 467 N.Y.S.2d Defendant also objects to the award of counsel fees. Special Term requested that instead of testimony concerning counsel fees......
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Stirber v. Stirber
...hearing inasmuch as he failed to set forth sufficient allegations to warrant a downward modification ( cf., Levinson v. Levinson, 97 A.D.2d 458, 467 N.Y.S.2d 427), and presented no issue of fact which required resolution at a hearing ( see, O'Neill v. O'Neill, 109 A.D.2d 829, 486 N.Y.S.2d 3......
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Mastrogiacomo v. Mastrogiacomo
...the alimony provision of the judgment (see, Hickland v. Hickland, 56 A.D.2d 978, 979, 393 N.Y.S.2d 192; cf., Levinson v. Levinson, 97 A.D.2d 458, 459, 467 N.Y.S.2d 427). In order to terminate his support obligation pursuant to Domestic Relations Law § 248 the husband was required to satisfy......
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Langdon v. Mohr
...petitioner-respondent upon Santamaria v. Santamaria, 74 Misc.2d 657, 345 N.Y.S.2d 906 [Sup.Ct., Nassau, 1973] and Levinson v. Levinson, 97 A.D.2d 458, 467 N.Y.S.2d 427 (1983), is misplaced. In both cases there were stipulations made in court which modified the prior decrees. In Santamaria, ......
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Janousek v. Janousek
...three child support payments and had the ability to make the payments (Personal Property Law, § 49-b, subd. 1, par. Levinson v. Levinson, 97 A.D.2d 458, 467 N.Y.S.2d Defendant also objects to the award of counsel fees. Special Term requested that instead of testimony concerning counsel fees......
-
Stirber v. Stirber
...hearing inasmuch as he failed to set forth sufficient allegations to warrant a downward modification ( cf., Levinson v. Levinson, 97 A.D.2d 458, 467 N.Y.S.2d 427), and presented no issue of fact which required resolution at a hearing ( see, O'Neill v. O'Neill, 109 A.D.2d 829, 486 N.Y.S.2d 3......
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Mastrogiacomo v. Mastrogiacomo
...the alimony provision of the judgment (see, Hickland v. Hickland, 56 A.D.2d 978, 979, 393 N.Y.S.2d 192; cf., Levinson v. Levinson, 97 A.D.2d 458, 459, 467 N.Y.S.2d 427). In order to terminate his support obligation pursuant to Domestic Relations Law § 248 the husband was required to satisfy......