SCHWARTZ v. SCHWARTZ


67 A.D.2d 681 (1979)

Rita Schwartz, Respondent, v. Samuel R. Schwartz, Appellant

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

January 15, 1979


Order affirmed insofar as appealed from, with $50 costs and disbursements.

For the reasons stated in the opinion of Mr. Justice Gibbons at Special Term, we are in agreement with his interpretation of the stipulation of settlement and the modification of the award of alimony. Furthermore, under the circumstances of this record, the award of counsel fees to the wife and the denial of counsel fees to the husband were proper. Accordingly, we need not reach the issue of the constitutionality of sections 237 and 238 of the Domestic Relations Law (cf. Thaler v Thaler, 58 A.D.2d 890). Special Term's failure to draw an inference favorable to the husband upon the wife's untimely filing of the official form financial affidavit was not an improvident exercise of discretion (see 22 NYCRR 699.11).


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases