Appellate Division of the Supreme Court of New York, 1960

Wilkinson v. Wilkinson

Wilkinson v. Wilkinson
Appellate Division of the Supreme Court of New York · Decided May 24, 1960
10 A.D.2d 937; 200 N.Y.S.2d 879; 1960 N.Y. App. Div. LEXIS 9667
Wilkinson v. Wilkinson

Opinion of the Court

Order unanimously reversed, on the law and on the facts, and the motion for alimony pendente lite and counsel fees in this action for separation is denied, without costs. The separation agreement between the parties cannot be stamped as void upon its face on the ground that it is against public policy and violative of section 51 of the Domestic Relations Law (cf. Dworkin v. Dworkin, 247 App. Div. 213). Nor can its validity be determined on a motion of this nature, upon affidavits which make meager reference to it (Rosenblatt v. Rosenblatt, 209 App. Div. 373; Solomene v. Solomene, 229 App. Div. 728). Accordingly, while the separation agreement exists plaintiff may not secure the temporary relief she seeks. Concur — Botein, P. J., Breitel, Rabin, Yalente and Stevens, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.