DIGILIO v. DIGILIO


22 A.D.2d 701 (1964)

Marie L. Digilio, Respondent, v. Andrew C. Digilio, Appellant

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

October 26, 1964


Order reversed, without costs, and the wife's motion to punish the husband for contempt and his cross motion to modify the judgment remitted to the Special Term for the purpose of: (1) holding a hearing at which the parties should adduce all the relevant proof as to the husband's income and financial condition and as to his ability to make the payments directed by the judgment; and (2) making a determination de novo of such motions upon the basis of all the proof adduced...

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