Goldfish v. Goldfish
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Goldfish, 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 27th day of March, 1920, denying defendant’s motion to modify and amend the final decree of divorce herein in favor of the plaintiff by striking out the provisions for the payment of $5,200 per annum to the plaintiff during her natural life in equal weekly installments and the further sum of…
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Appeal by the defendant, Samuel Goldfish, 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 27th day of March, 1920, denying defendant’s motion to modify and amend the final decree of divorce herein in favor of the plaintiff by striking out the provisions for the payment of $5,200 per annum to the plaintiff during her natural life in equal weekly installments and the further sum of $2,600 per annum in equal weekly installments so long as she lives and remains unmarried.
1Opinion of the Court
Laughlin, J.:
The motion was predicated solely on section 1771 of the Code of Civil Procedure, which, so far as material here, provides that where an action is brought by the wife and a final judgment for divorce has been granted in her favor, the court upon the application of the defendant on due notice and on proof of the remarriage of the plaintiff after the final decree must by order modify the judgment and any orders made with respect thereto by annulling the provisions thereof directing the payment of money for the support of the plaintiff. The final judgment of divorce was granted and…
2Cited by10 opinions
- Helvering v. LeonardSupreme Court of the United States · 1940
- In re the Accounting of Van ArsdaleNew York Surrogate's Court · 1947
- In re the Estate of FredenthalNew York Surrogate's Court · 1960
- Durland v. Syracuse Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Howland v. StitzerSupreme Court of North Carolina · 1952
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