WEITZ v. WEITZ


24 N.Y.2d 930 (1969)

Mary L. Weitz, Respondent-Appellant, v. Louis Weitz, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided May 14, 1969.


Attorney(s) appearing for the Case

Jacob W. Friedman, Daniel A. Shirk and Daniel Waxman for appellant-respondent.

Irving M. Gruber for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Judith T. Younger of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Judge KEATING taking no part.


MEMORANDUM.

The order of the Appellate Division appealed from should be affirmed, with costs to respondent-appellant. Assuming, despite the affirmed findings of fact, that the evidence is insufficient to establish the plaintiff wife's divorce from her prior husband, Rivara, she is entitled, under sections 236 and 237 of the Domestic Relations Law, to the award of support and counsel fees. The statute unquestionably embraces...

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