Sommer v. Sommer

• Citation: 10 N.E.2d 539,274 N.Y. 539
• Parties: Lina SOMMER, Appellant, v. Paul SOMMER, Respondent.
• Decision Date: 25 May 1937
• Court: New York Court of Appeals

274 N.Y. 539

10 N.E.2d 539

Lina SOMMER, Appellant,

v.Paul SOMMER, Respondent.

Court of Appeals of New York.

May 25, 1937.

Cross-appeals from an order of the Supreme Court, Appellate Division, second department (248 App.Div. 827, 289 N.Y.S. 18), modifying and as so modified affirming an order of the Special Term, Queens County, entered upon the report of an official referee after hearings before the referee in a separation action by Lina Sommer against Paul Sommer.

Plaintiff after having procured a separation from the defendant in 1928, resumed marital relations in 1930. She again left defendant in September, 1935 and instituted this proceeding upon the former decree for arrears and an increase of alimony and counsel fees. The Special Term referred only the matter of arrears and increase of alimony to the referee who recommended entry of judgment against defendant in the sum of $1,247 for alleged past due and unpaid alimony on theory that the reconciliation was not bona fide.

The modification by the Appellate Division consisted of striking out a provision for past alimony found due by the official referee and the Special Term. The Appellate Division affirmed so much of the Special Term's order as granted plaintiff an increase in future alimony. Defendant appealed from so much of the order of the Appellate Division as affirmed the provision for increased alimony while plaintiff appealed from so much of the Appellate Division's order as struck out the award of past-due alimony.L. & A. U. Zinke, of New York City (Alexander U. Zinke and Charles W. Silver, both of New York City, of counsel), for plaintiff-respondent-appellant.

Metcalfe & Branch, of New York City (Paul A. Crouch and John A. Miller, both of New York City, of counsel), for defendant-appellant-respondent.

PER CURIAM.

Order affirmed without costs.