Appellate Division of the Supreme Court of New York, 1953

Sklar v. Sklar

Sklar v. Sklar
Appellate Division of the Supreme Court of New York · Decided May 18, 1953
281 A.D. 1043; 122 N.Y.S.2d 382; 1953 N.Y. App. Div. LEXIS 4271
Sklar v. Sklar

Opinion of the Court

— In an action wherein a judgment of separation has been granted to defendant, order, insofar as appealed from, denying her motion to enter judgment for arrears in the payment of alimony reversed on the law and the facts, with $10 costs and disbursements, and motion granted, with $10 costs. In the light of all the circumstances it was an improvident exercise of discretion to deny the application for entry of judgment. Nolan, P. J., Carswell, MaeCrate and Schmidt, JJ., concur; Adel, J., dissents and votes to affirm.

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