Appellate Division of the Supreme Court of New York, 1942

Lynn v. Lynn

Lynn v. Lynn
Appellate Division of the Supreme Court of New York · Decided April 10, 1942
264 A.D. 709; 34 N.Y.S.2d 407; 1942 N.Y. App. Div. LEXIS 4247
Lynn v. Lynn

Opinion of the Court

Order reversed and motion denied. No opinion. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.; Cohn, J., dissents and votes to affirm upon the ground that (I) there is reasonable probability that plaintiff will succeed upon the appeal from so much of the judgment of separation as directs defendant to apply one-half of his net income after payment of income taxes to the support and maintenance of his wife and daughter; and (2) there is an adequate showing that plaintiff does not presently possess sufficient means to prosecute the appeal.

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