Appellate Division of the Supreme Court of New York, 1946

Witkowski v. Witkowski

Witkowski v. Witkowski
Appellate Division of the Supreme Court of New York · Decided December 23, 1946
271 A.D.2d 901
Witkowski v. Witkowski

Opinion of the Court

— Order modifying a final decree of divorce by granting defendant’s application made pursuant to sections 1172-a and 1172-c of the Civil Practice Act, and reducing the amount of alimony payable, and conditionally denying appellant’s motion to punish the defendant for contempt for failure to pay alimony, modified on the law and the facts by striking therefrom the provision reducing the alimony payments to be made by defendant. As thus modified, the order is affirmed, with $10 costs and disbursements, payable to appellant. There is no showing of changed circumstances in the financial condition of the parties since the entry of the decree, and reduction of the amount of alimony is, therefore, not justified. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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