Morse v. Morse
| Court | New York Supreme Court — Appellate Term |
| Writing for the Court | HOFSTADTER |
| Citation | 153 N.Y.S.2d 957,3 Misc.2d 163 |
| Decision Date | 28 June 1956 |
| Parties | Elizabeth P. MORSE, Plaintiff-Appellant, v. Forbes MORSE, Defendant-Respondent. |
Page 957
v.
Forbes MORSE, Defendant-Respondent.
Page 958
[3 Misc.2d 164] Leonard I. Schreiber, New York City, Leonard I. Schreiber and Charles H. Levitt, New York City, of counsel, for appellant.
Daniel W. West, New York City, for respondent.
Before HOFSTADTER, HECHT and AURELIO, JJ.
HOFSTADTER, Justice.
The plaintiff brings this action to recover $2,371.28 claimed to be due under a decree if divorce obtained by her against the defendant in the Superior Court of the State of California, County of Los Angeles. The divorce decree directed the defendant to pay the plaintiff $675 a month for her support and that of the minor child of the marriage. The plaintiff is a resident of California, while the defendant is now a resident of the State of New York.
The defendant, having failed to make the payments directed by the California decree, the plaintiff in August, 1954, instituted a proceeding in the California Superior Court under the Uniform Reciprocal Enforcement
Page 959
of Support Act of California, California Code of Civil Procedure, pt. 3, tit. 10-a, §§ 1650-1690. Thereupon, pursuant to that California statute, the petition and the other appropriate papers were duly transmitted to the Domestic Relations Court of the City of New York for a reciprocal statutory further proceeding there under the New York Uniform Support of Dependents Law, L.1949, ch. 807, as amended, McK.Unconsol.Laws, § 2111 et seq. After a hearing in the Family Court Division of the latter court an order was made on September 14, 1954 directing the [3 Misc.2d 165] defendant to pay $400 a month for the support of the plaintiff and the child. In the court below the defendant admitted that at the time the order was made by the Domesic Relations Court he was in default under the California divorce decree and, on this admission, partial summary judgment was granted to the plaintiff for the balance due under the California decree at that time.The defendant has since September 14, 1954 made the $400 monthly payments directed by the order of the Domestic Relations Court. The plaintiff's complaint to recover the difference between these $400 payments and the $675 monthly directed to be paid by the California decree has been dismissed on the ground that the order of the Domestic Relations Court is a bar to this claim. The Municipal Court held that New York had the same power to modify...
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Huggins v. Deinhard, No. 1
...v. Sistare, 218 U.S. 1, 30 S.Ct. 682, 54 L.Ed. 905 (1910); Desjardins v. Desjardins, 193 F.Supp. 210 (E.D.Ky.1961); Morse v. Morse, 3 Misc.2d 163, 153 N.Y.S.2d 957 (1956); Cohen v. Cohen, 158 Fla. 802, 30 So.2d 307 (1947); Biewend v. Biewend, 17 Cal.2d 108, 109 P.2d 701 (1941); Taylor v. Ta......
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Smith v. Smith
...entertain an action to recover arrears due and vested under a sister state decree of divorce or separation is undoubted. (Morse v. Morse, 3 Misc.2d 163, 153 N.Y.S.2d 957; Hatoff v. Hatoff, 41 Misc.2d 1007, 246 N.Y.S.2d 711.) The support orders of the courts of sister states, equivalent to o......
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Carle v. Comm'r of Internal Revenue, Docket No. 5961-67.
...order modified the California divorce decree is without merit, he should receive credit for payments made thereunder. Morse v. Morse, 3 Misc 2d 163. There is here no question of fact other than the amount unpaid under the California divorce decree and this will be determined by this Court o......
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Fine v. Fine
...support order is not binding on the parties in later litigation in another court * * *. 'Res judicata may not prevail. " Morse v. Morse, 3 Misc.2d 163, 166, 153 N.Y.S.2d 957, 960 In a case where a wife moved in the Civil Court for a summary judgment to recover arrears due under support orde......
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Huggins v. Deinhard, No. 1
...v. Sistare, 218 U.S. 1, 30 S.Ct. 682, 54 L.Ed. 905 (1910); Desjardins v. Desjardins, 193 F.Supp. 210 (E.D.Ky.1961); Morse v. Morse, 3 Misc.2d 163, 153 N.Y.S.2d 957 (1956); Cohen v. Cohen, 158 Fla. 802, 30 So.2d 307 (1947); Biewend v. Biewend, 17 Cal.2d 108, 109 P.2d 701 (1941); Taylor v. Ta......
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Smith v. Smith
...entertain an action to recover arrears due and vested under a sister state decree of divorce or separation is undoubted. (Morse v. Morse, 3 Misc.2d 163, 153 N.Y.S.2d 957; Hatoff v. Hatoff, 41 Misc.2d 1007, 246 N.Y.S.2d 711.) The support orders of the courts of sister states, equivalent to o......
-
Carle v. Comm'r of Internal Revenue, Docket No. 5961-67.
...order modified the California divorce decree is without merit, he should receive credit for payments made thereunder. Morse v. Morse, 3 Misc 2d 163. There is here no question of fact other than the amount unpaid under the California divorce decree and this will be determined by this Court o......
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Fine v. Fine
...support order is not binding on the parties in later litigation in another court * * *. 'Res judicata may not prevail. " Morse v. Morse, 3 Misc.2d 163, 166, 153 N.Y.S.2d 957, 960 In a case where a wife moved in the Civil Court for a summary judgment to recover arrears due under support orde......