Appellate Division of the Supreme Court of New York, 1961

Heuss v. Heuss

Heuss v. Heuss
Appellate Division of the Supreme Court of New York · Decided October 23, 1961
14 A.D.2d 805; 220 N.Y.S.2d 593; 1961 N.Y. App. Div. LEXIS 8417
Heuss v. Heuss

Opinion of the Court

In our opinion, the amount awarded as temporary alimony was excessive. The determination by the Trial Justice, however, as to the proper amount of the permanent alimony, should be made by him in the exercise of a sound judicial discretion based upon all the evidence adduced at the trial. The amount of the temporary alimony as fixed by this court is not intended to govern or to influence the Trial Justice’s exercise of such discretion. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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