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GALLAGHER v. PAGLIARO

305 N.Y. 681 (1953)

Edith B. Gallagher, Individually and as Guardian ad Litem of Frank Pagliaro, Jr., and Another, Infants, Appellant, v. Frank J. Pagliaro, Respondent.

Court of Appeals of the State of New York.

Decided April 16, 1953

Attorney(s) appearing for the Case

Abraham N. Davis and Benjamin Heffner for appellant.

Henry Uselaner and Arthur N. Field for respondent.

Concur: LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. LOUGHRAN, Ch. J., deceased.

Judgment affirmed, with costs. With respect to the disposition of the fifth cause of action, upon which the Appellate Division were divided, its dismissal is affirmed on the ground that the Supreme Court lacked jurisdiction to order an increase of "support and maintenance for the children of a dissolved marriage" except as "an incident to a marital action." (Langerman v. Langerman, 303 N.Y. 465, 471...

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