Seaman v. Seaman

Decision Date10 October 1968
Citation295 N.Y.S.2d 66,22 N.Y.2d 940
Parties, 242 N.E.2d 98 Helen SEAMAN, Appellant, v. Milton SEAMAN, Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 30 A.D.2d 647, 291 N.Y.S.2d 1012.

Plaintiff made an application to modify a prior judgment for support and maintenance, which had previously been reduced by court order, by reinstating the original award.

The Supreme Court, Special Term, New York County, Harry B. Frank, J., entered an order modifying the prior judgment, and the defendant appealed.

The Appellate Division entered an order June 11, 1968, which reversed, on the law and facts, the order of the Special Term and denied the plaintiff's application.

The plaintiff appealed to the Court of Appeals, and motion was made in the Court of Appeals to dismiss the appeal on grounds that order appealed from was not final, was entered on plaintiff's default, and was entered on a determination of an issue of fact.

Motion denied.

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