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Schifferdecker v. Schifferdecker

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 740 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Order granting alimony and counsel fee modified by striking out the provision in relation to alimony, and as so modified affirmed, without costs, and without prejudice to an application for allowance of alimony in the event that plaintiff should fail to pay the amount stipulated in the separation agreement. We think the counsel fee was not within the contemplation of the parties at the time they executed the separation agreement. The form of action brought by the husband seeks to destroy the relation existing between the parties. We think the wife should be supplied with means to defend such an action notwithstanding the separation agreement. Kelly, P.J., Jaycox, Manning, Kapper and Lazansky, JJ., concur.


Summaries of

Schifferdecker v. Schifferdecker

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 740 (N.Y. App. Div. 1927)
Case details for

Schifferdecker v. Schifferdecker

Case Details

Full title:HARRY SCHIFFERDECKER, Appellant, v. MAY SCHIFFERDECKER, Respondent

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

Date published: Jan 1, 1927

Citations

219 App. Div. 740 (N.Y. App. Div. 1927)