Appellate Division of the Supreme Court of New York, 1962

Eisenberg v. Eisenberg

Eisenberg v. Eisenberg
Appellate Division of the Supreme Court of New York · Decided May 28, 1962
16 A.D.2d 826; 1962 N.Y. App. Div. LEXIS 9443
Eisenberg v. Eisenberg

Opinion of the Court

In an action for a judicial separation, the plaintiff wife appeals from so much of a judgment of the Supreme Court, Queens County, entered February 1, 1962 in her favor, (1) as denied her motion to vacate a stipulation of settlement; (2) as failed to include in the judgment the defendant’s cruelty as a ground for the separation; (3) as failed to make the permanent alimony retroactive to the day of trial and (4) as limited the award of an additional counsel fee to $250. Judgment, insofar as appealed from, affirmed, without costs. Kleinfeld, Acting P. J., Christ, Hill and Hopkins, JJ., concur; Rabin, J., not voting.

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