RUBIN v. RUBIN


284 A.D. 76 (1954)

Constance M. Rubin, Respondent, v. Norman Rubin, Appellant

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

May 11, 1954.


Attorney(s) appearing for the Case

Myron Holtzman of counsel (Benjamin L. Greene, attorney), for respondent.

Norman Rubin, appellant in person.

Present — PECK, P. J., COHN, CALLAHAN, BASTOW and BERGAN, JJ.; CALLAHAN and BASTOW, JJ., dissent and vote to affirm. Settle order on notice.


BERGAN, J.

The respondent wife is a graduate nurse earning $65 a week in a dentist's office. The appellant husband is a lawyer admitted to the bar in 1951. The Domestic Relations Court has found that at the time of the trial in December, 1953, the husband's earnings were at the rate of about $70 a week.

An order was entered directing him to pay the wife $25 a week. The judicial redistribution of the income of the parties would mean, while their...

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