Van Valkenburgh v. Van Valkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip Van Valkenburgh, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of January, 1912.
1Opinion of the Court
Dowling, J.:
Appeal from an order denying a motion to vacate an order for the examination of the defendant before trial.
The action is brought for a separation. The pleadings are not before us but the affidavits disclose that the plaintiff demands relief on the ground of defendant’s cruelty, abandonment and failure to support her. Defendant admits the abandonment and non-support, and alleges that he was justified in such abandonment because of plaintiff’s cruel and inhuman treatment of him and that plaintiff abandoned him as well. In the original moving affidavit for the order it was averred…
2Cases cited1 opinion
- Fogarty v. FogartyAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by16 opinions
- Hunter v. HunterAppellate Division of the Supreme Court of the State of New York · 1960
- Levi v. LeviNew York Supreme Court · 1943
- Jasne v. JasneNew York Supreme Court · 1952
- Berlin v. BerlinNew York Supreme Court · 1959
- Schultz v. SchultzAppellate Division of the Supreme Court of the State of New York · 1940
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