Schultz v. Schultz

Full title: MABEL SCHULTZ, Respondent, v. WARREN SCHULTZ, Appellant

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

Date published: Mar 7, 1956

1 A.D.2d 930 (N.Y. App. Div. 1956)

Opinion

March 7, 1956

Appeal from the Niagara Special Term.

Present — McCurn, P.J., Kimball, Wheeler and Williams, JJ.

Order entered June 1, 1955, as modified by order entered June 21, 1955, affirmed with $10 costs and disbursements.

All concur, except Kimball, J., who concurs as to the provision for counsel fees but dissents and votes for reversal of the order insofar as it allows temporary alimony, in the following memorandum:

Insofar as the order appealed from allows alimony pendente lite in this action by the wife for a separation, I dissent. When the plaintiff commenced this action, both parties were living at the marital domicile. Under such circumstances, I do not think the plaintiff wife is entitled to temporary alimony. ( Berman v. Berman, 277 App. Div. 560; Sommer v. Sommer, 285 App. Div. 809; Friedman v. Friedman, 285 App. Div. 938.)