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Votta v. Votta

Document Cited in 31 Precedent Map Related
Decision Date05 July 1972
Citation334 N.Y.S.2d 34,40 A.D.2d 532
PartiesAnthony J. VOTTA, Appellant-Respondent, v. Theresa VOTTA, Respondent-Appellant.
CourtNew York Supreme Court — Appellate Division

Page 34

334 N.Y.S.2d 34

40 A.D.2d 532

Anthony J. VOTTA, Appellant-Respondent, v. Theresa VOTTA, Respondent-Appellant.

Supreme Court, Appellate Division, Second Department.

July 5, 1972.

Before MUNDER, Acting P.J., and LATHAM, GULOTTA, BRENNAN and BENJAMIN, JJ.

MEMORANDUM BY THE COURT.

In an action in which a judgment of the Supreme Court, Queens County, was entered March 7, 1972, granting plaintiff husband a divorce, (1) he appeals from so much of the judgment as granted defendant alimony and exclusive occupancy of the marital home, with plaintiff to pay the fuel and utilities charges thereon, and (2) defendant cross-appeals from so much of the judgment as granted the divorce and awarded custody of the parties' children to plaintiff.

Judgment modified, on the law and the facts, by striking therefrom the third and fourth decretal paragraphs, which are the portions from which plaintiff appeals. As so modified, judgment affirmed insofar as appealed from, without costs.

Since the judgment was granted by reason of the defendant's misconduct (cruel and inhuman treatment), no alimony should have been granted (see ...

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16 cases
  • Hessen v. Hessen
    • United States
    • New York Court of Appeals Court of Appeals
    • February 21, 1974
    ...treatment' (see Math v. Math, 39 A.D.2d 583, 331 N.Y.S.2d 964, affd. 31 N.Y.S.2d 693, 337 N.Y.S.2d 505, 289 N.E.2d 549; Votta v. Votta, 40 A.D.2d 532, 334 N.Y.S.2d 34). In many cases, as in the present one, the plaintiff husband may be willing to waive his rights under section 236, in retur......
  • Thaw v. Thaw
    • United States
    • New York Supreme Court
    • November 30, 1976
    ...Law § 236; Math v. Math, 39 A.D.2d 583, 331 N.Y.S.2d 964 aff'd. 31 N.Y.2d 693, 337 N.Y.S.2d 505, 289 N.E.2d 549; Votta v. Votta, 40 A.D.2d 532, 334 N.Y.S.2d 34; Hessen v. Hessen, 33 N.Y.2d 406, 410, 353 N.Y.S.2d 421, 424, 308 N.E.2d 891, The defendant-husband, for his part, assumed the alim......
  • Breen v. Breen
    • United States
    • New York Supreme Court — Appellate Division
    • January 30, 1984
    ...whose "misconduct" has led to a decree of divorce against her (Schwatzman v. Schwatzman, 62 A.D.2d 988, 403 N.Y.S.2d 317; Votta v. Votta, 40 A.D.2d 532, 344 N.Y.S.2d 34), we believe that the trial court's disposition of the couple's co-operative was a proper exercise of its discretion under......
  • Elwell v. Sisson
    • United States
    • New York Family Court
    • April 30, 1975
    ...upon her misconduct (Hessen v. Hessen, 33 N.Y.2d 406, 410--411, 353 N.Y.S.2d 421, 425--426, 308 N.E.2d 891, 894--895; Votta v. Votta, 40 A.D.2d 532, 334 N.Y.S.2d 34; Math v. Math, 39 A.D.2d 583, 331 N.Y.S.2d 964, affd. 31 N.Y.2d 693, 337 N.Y.S.2d 505, 289 N.E.2d 549) and even though that wi......
    • Request a trial to view additional results

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