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Braun v. Braun

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1968
29 A.D.2d 929 (N.Y. App. Div. 1968)

Opinion

April 18, 1968


Order and judgment entered on May 17, 1967, unanimously modified on the facts and as a matter of discretion, to the extent that the total award in favor of the plaintiff wife and minor children is reduced to the sum of $9,178 per annum; additional award of counsel fees to plaintiff's attorney is reduced to $1,000, and as so modified, affirmed, without costs and without disbursements to either party as against the other. Although normally it is the preferable practice to make an inclusive award of a specified sum (see Schine v. Schine, 28 A.D.2d 976), in this particular case, as a cautionary measure, in view of the plaintiff's condition and history, the sum awarded her and the children is to be allocated as follows: apartment rental, $2,678 per annum; for the support of plaintiff wife, the sum of $75 per week, $3,900 per annum; for the support of the minor children, the sum of $25 per week each, $2,600 per annum. To effectuate the foregoing, the following changes are directed in the decretal paragraphs of the order and judgment: The words "and utilities" are stricken and deleted from decretal paragraph numbered "9"; decretal paragraphs numbered "11" and "12" are stricken and deleted; the words "(a) fifty ($50.00) dollars" are stricken and deleted from decretal paragraph numbered "13" and in the place and stead thereof there shall be inserted the words "(a) seventy five ($75.00) dollars"; and the words "two thousand ($2,000) dollars" are stricken and deleted from decretal paragraph numbered "15" and in the place and stead thereof there shall be inserted the words "one thousand ($1,000.00)". Settle order on notice.

Concur — Stevens, J.P., Steuer, Tilzer, McGivern and Rabin, JJ.


Summaries of

Braun v. Braun

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1968
29 A.D.2d 929 (N.Y. App. Div. 1968)
Case details for

Braun v. Braun

Case Details

Full title:MARGARET BRAUN, Respondent-Appellant, v. EDMUND M. BRAUN…

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

Date published: Apr 18, 1968

Citations

29 A.D.2d 929 (N.Y. App. Div. 1968)

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