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POLIZOTTI v. POLIZOTTI

280 A.D. 229 (1952)

Josephine Polizotti, Respondent, v. Carmello Polizotti, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 26, 1952.

Attorney(s) appearing for the Case

Irving I. Erdheim and Robert F. Armstrong for appellant.

Paul M. Klein for respondent.

WENZEL, J., concurs with NOLAN, P. J.; CARSWELL, J., concurs in result in memorandum; ADEL and SCHMIDT, JJ., dissent and vote to reverse the order and to deny the motion, in memorandum.

NOLAN, P. J.

This action for a separation was commenced in June, 1947. In July, 1947, plaintiff obtained an order directing the defendant to pay alimony pendente lite in the sum of $25 a week. In October, 1951, plaintiff, by order to show cause, commenced proceedings to punish defendant for contempt for failure to pay such alimony accrued since August, 1947. The motion to punish for contempt was referred...

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