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Lowenfish v. Lowenfish

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1951
278 App. Div. 716 (N.Y. App. Div. 1951)

Summary

In Lowenfish v. Lowenfish (278 App. Div. 716) the Second Department unanimously affirmed a judgment of separation upon the ground of cruel and inhuman treatment where the record disclosed that the parties, although residing in the same apartment with their two children, had in fact been living separate and apart for several years.

Summary of this case from Takagi v. Takagi

Opinion

March 26, 1951.

Present — Carswell, Acting P.J., Johnston, Adel, Sneed and MacCrate, JJ.


Judgment of separation upon the ground of cruel and inhuman treatment and decreeing alimony in the sum of $30 a week, unanimously affirmed, with costs. It is our opinion that under the circumstances disclosed by this record, the parties, although residing in the same apartment with their two children, have in fact been living separate and apart for several years. ( Pedersen v. Pedersen, 107 F.2d 227; Donnelly v. Donnelly, 272 App. Div. 779; List v. List, 186 Misc. 261, mod. 276 App. Div. 998; Letts v. Letts, 84 N.Y.S.2d 236, mod. 273 App. Div. 958.) We do not approve the ruling of the majority of the court in Berman v. Berman ( 277 App. Div. 560) as applicable to the facts established by this record.


Summaries of

Lowenfish v. Lowenfish

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1951
278 App. Div. 716 (N.Y. App. Div. 1951)

In Lowenfish v. Lowenfish (278 App. Div. 716) the Second Department unanimously affirmed a judgment of separation upon the ground of cruel and inhuman treatment where the record disclosed that the parties, although residing in the same apartment with their two children, had in fact been living separate and apart for several years.

Summary of this case from Takagi v. Takagi
Case details for

Lowenfish v. Lowenfish

Case Details

Full title:LOUISE LOWENFISH, Respondent, v. MARTIN LOWENFISH, Appellant

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

Date published: Mar 26, 1951

Citations

278 App. Div. 716 (N.Y. App. Div. 1951)

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