Appellate Division of the Supreme Court of New York, 1953

Kahn v. Kahn

Kahn v. Kahn
Appellate Division of the Supreme Court of New York · Decided May 26, 1953
281 A.D. 1027; 122 N.Y.S.2d 617; 1953 N.Y. App. Div. LEXIS 4200
Kahn v. Kahn

Opinion of the Court

Order unanimously modified by granting the cross motion to the extent of referring to an official referee to hear and report to Special Term the question as to the ability of defendant to comply with the alimony provision of the judgment. A plenary inquiry should be made into the financial circumstances of defendant before any change is made in the provisions for payment of permanent alimony. As so modified the order is affirmed. Settle order on notice. Present — Peek, P. J., Glennon, Cohn, Callahan and Breitel, JJ.

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