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Macchia v. Macchia

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 741 (N.Y. App. Div. 1935)

Opinion

February, 1935.


Appeal from order in a separation action awarding plaintiff alimony at the rate of fifteen dollars per week and counsel fee of $125. Order modified by eliminating the provision for counsel fee, and as so modified affirmed, without costs. The papers warrant the conclusion that plaintiff has in her possession $1,200, saved from moneys earned by defendant. Under the circumstances she is in a position to pay the counsel fee. This action was commenced in August, 1934. There should be no further delay in bringing the action for trial. A failure to bring the action on for early trial would justify an application to end the payment of temporary alimony. Lazansky, P.J., Young, Carswell, Scudder and Johnston, JJ., concur.


Summaries of

Macchia v. Macchia

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 741 (N.Y. App. Div. 1935)
Case details for

Macchia v. Macchia

Case Details

Full title:PHYLLIS MACCHIA, Respondent, v. ANTHONY F. MACCHIA, Appellant

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

Date published: Feb 1, 1935

Citations

243 App. Div. 741 (N.Y. App. Div. 1935)