Leopold v. Leopold

1 Citing case

  1. Sheil v. Sheil

    31 A.D.2d 818 (N.Y. App. Div. 1969)

    Order reversed, insofar as appealed from, on the law and the facts, without costs, and motion granted, without costs. In our opinion, the denial of the motion was an improvident exercise of discretion ( Leopold v. Leopold, 25 A.D.2d 754; cf. Johnson v. Johnson, 47 Misc.2d 805, affd. 25 A.D.2d 672; Matter of Hahn v. Falce, 56 Misc.2d 427; Seldin v. Seldin, 55 Misc.2d 187). Our determination does not preclude defendant from moving for a change in custody or rights of visitation after plaintiff and defendant are divorced and defendant and her paramour are married, or upon any other material change in surroundings. Brennan, Acting P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.