Shusterman v. Shusterman
New York Supreme Court
1Opinion of the CourtF. E. Johnson, J.
The service of an amended complaint does not void an alimony order duly made on the motion based on the original complaint. The certified copy was served, as the order directed, upon defendant’s attorney and a copy served on defendant. He thus had knowledge of the order and its commands, and upon his failure to pay a motion to punish should lie.
In Lawrence v. Lawrence (202 App. Div. 844) the unanimous opinion was that “ * * * the failure to serve a certified copy of the decree does not prevent the enforcement of the arrears of alimony.” In Tucci v. Tucci (230 App. Div. 737), the court divided…
2Cases cited8 opinions
- Pitt v. . DavisonNew York Court of Appeals · 1867
- Lawrence v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1922
- Johnson v. AckermanAppellate Division of the Supreme Court of the State of New York · 1920
- Davis v. DavisNew York Supreme Court · 1895
- Tucci v. TucciAppellate Division of the Supreme Court of the State of New York · 1930
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3Cited by4 opinions
- Shusterman v. ShustermanAppellate Division of the Supreme Court of the State of New York · 1945
- Ziegler v. ZieglerNew York Supreme Court · 1960
- Alessi v. AlessiNew York Supreme Court · 1958
- Paulus v. PaulusNew York Supreme Court · 1945