Rosenstiel v. Rosenstiel

McNally, J. (concurring and dissenting in part).

I concur in the modification increasing the alimony to $96,000 annually, but would provide that the alimony be retroactive to October 19, 1961. There is no logic, in my opinion, for the deprivation of support for the four-year and two-month period from the date of appellant’s abandonment of respondent on October 19, 1961, to January 28, 1966, the date the ease was restored to the calendar for the determination of the amount of support. There is ample support in the cases for the award of retroactive support. (Harris v. Harris, 259 N. Y. 334,…