Lowe v. Lowe

• Decision Date: 10 April 1968
• Citation: Lowe v. Lowe, 289 N.Y.S.2d 992, 21 N.Y.2d 965, 237 N.E.2d 240 (N.Y. 1968)
• Parties: , 237 N.E.2d 240 Mariam LOWE, Respondent, v. Edwin S. LOWE, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 992

289 N.Y.S.2d 992

21 N.Y.2d 965, 237 N.E.2d 240

Mariam LOWE, Respondent, v. Edwin S. LOWE, Appellant.

Court of Appeals of New York.

April 10, 1968.

Appeal from Supreme Court, Appellate Division, First Department, 28 A.D.2d 212, 284 N.Y.S.2d 227.

Wife brought action for separation, on ground of cruel and inhuman treatment.

The husband and wife were married in January, 1953, were divorced in April, 1959, and remarried in May, 1960. A trial preference was granted as of September 26, 1966.

The Supreme Court, Special and Trial Term, New York County, entered a judgment awarding the wife separation with alimony and counsel fees.

The Appellate Division entered an order October 31, 1967 which affirmed, by a divided court, the judgment of the Special and Trial Term.

The husband appealed to the Court of Appeals, contending that evidence established abandonment by wife, and that she should be denied alimony payments, and that...