From Casetext: Smarter Legal Research

Hutchinson v. Larsen

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1969
32 A.D.2d 836 (N.Y. App. Div. 1969)

Opinion

June 30, 1969


In an action in which plaintiff was granted a judgment of separation, she appeals from so much of an order of the Supreme Court, Nassau County, entered November 8, 1962, as (1) modified the judgment by reducing the weekly alimony awarded therein from $70 to $60 and (2) denied leave to her to enter judgment for alimony arrears in excess of the $1,500 arrears which the order directed the husband to pay. The husband cross-appealed from other portions of the order; he died on October 12, 1967; the executrix of his estate has been substituted herein for him and her brief asks for leave to discontinue the cross appeal. Order modified, on the law and the facts, by striking therefrom the fourth decretal paragraph, which reduced the alimony award. As so modified, order affirmed, without costs. Cross appeal dismissed, without costs. In our opinion, there were no changed circumstances to justify the reduction of the alimony. The husband's income and resources were sufficient to meet the payments required by the original judgment. Christ, Acting P.J., Brennan, Hopkins, Munder and Kleinfeld, JJ., concur.


Summaries of

Hutchinson v. Larsen

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1969
32 A.D.2d 836 (N.Y. App. Div. 1969)
Case details for

Hutchinson v. Larsen

Case Details

Full title:MILDRED HUTCHINSON, Appellant-Respondent, v. CECELIA LARSEN, as Executrix…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1969

Citations

32 A.D.2d 836 (N.Y. App. Div. 1969)
302 N.Y.S.2d 994