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Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1975
47 A.D.2d 927 (N.Y. App. Div. 1975)

Opinion

April 21, 1975


In a matrimonial action, defendant appeals, as limited by her brief, from so much of an order (erroneously described in her notice of appeal as a memorandum decision) of the Supreme Court, Queens County, entered September 30, 1974, as, after a hearing, denied her motion for an upward modification of a prior support award for the infant daughter of the parties. Order reversed insofar as appealed from, without costs, and matter remanded to Special Term for a further hearing and a new determination in accordance herewith. A hearing was held on a motion by defendant for an increase in child support. At the outset of the hearing defendant submitted an affidavit by her attorney. After plaintiff testified, defendant offered to call a witness, but the trial court terminated the hearing without allowing the witness to testify. Under the facts of this case, in which defendant had not previously called a witness, Special Term should have permitted her to call the witness. Gulotta, P.J., Rabin, Hopkins, Munder and Shapiro, JJ., concur.


Summaries of

Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1975
47 A.D.2d 927 (N.Y. App. Div. 1975)
Case details for

Lawrence v. Lawrence

Case Details

Full title:PETER LAWRENCE, Respondent, v. LORRAINE LAWRENCE, Appellant

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

Date published: Apr 21, 1975

Citations

47 A.D.2d 927 (N.Y. App. Div. 1975)