Appellate Division of the Supreme Court of New York, 1948

Gorta v. Gorta

Gorta v. Gorta
Appellate Division of the Supreme Court of New York · Decided January 19, 1948
273 A.D. 813; 76 N.Y.S.2d 245; 1948 N.Y. App. Div. LEXIS 4760
Gorta v. Gorta

Opinion of the Court

In an action for separation, judgment in favor of plaintiff modified on the facts by striking from the second and third ordering paragraphs the figures $60 ” and inserting *814in said paragraphs in place thereof the figures $40 ”; and by striking from the third ordering paragraph the figures “ $805.65 ” and inserting in place thereof the figures 537.13 ”. As thus modified, the judgment is unanimously affirmed, without costs. The second conclusion of law is amended by striking out the figures $60 ” and inserting in place thereof the figures $40 ”. The third conclusion of law is amended by striking out the figures “ $60 ” and $805.65 ” and inserting in place thereof,' respectively, the figures $40 ” and “ $537.13 ”. In our opinion the allowance of $60 weekly for the support and maintenance of plaintiff was excessive. Present — Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ. Settle order on notice.

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