Appellate Division of the Supreme Court of New York, 1954

Marshall v. Marshall

Marshall v. Marshall
Appellate Division of the Supreme Court of New York · Decided May 24, 1954
283 A.D. 970; 130 N.Y.S.2d 607; 1954 N.Y. App. Div. LEXIS 5953
Marshall v. Marshall

Opinion of the Court

Defendant appeals from an order denying his motion to modify a judgment of separation by reducing the amount awarded for support of the plaintiff and an infant child. Order reversed on the law and the facts, without costs, the motion granted, without costs, and the allowance for support of the plaintiff reduced to $85 a month commencing August 1, 1953. The daughter is no *971longer an infant and is self-supporting. Obviously, the denial of the motion was based on miscalculations both as to the increase in the net salary of the defendant and what he would have left if he was obliged to continue payment of the amount directed by the judgment. Nolan, P. J., Adel, MaeCrate, Schmidt and Murphy, JJ., concur.

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