Appellate Division of the Supreme Court of New York, 1941

Barry v. Barry

Barry v. Barry
Appellate Division of the Supreme Court of New York · Decided May 27, 1941
262 A.D. 813; 28 N.Y.S.2d 758; 1941 N.Y. App. Div. LEXIS 5974
Barry v. Barry

Opinion of the Court

Interlocutory judgment, so far as appealed from, modified on the law and facts by striking out *814the last ordering paragraph and inserting in place thereof the following: “ that the plaintiff be and she hereby is awarded the custody of E. Arthur Barry, Jr., the child of said marriage, with the right to the defendant to visit such child, at the place in the State of New York where plaintiff may be residing, once every month,” and, as so modified, the interlocutory judgment is affirmed, with costs to the appellant. All concur. (The portion of the judgment appealed from directs defendant to pay for support of plaintiff and the child of the parties and awards custody of child to plaintiff three out of four weeks in an action for absolute divorce.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.

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