Schmalholz v. Schmalholz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward B. -Schmalholz, from' an order " of- the Supreme Court, made -at file New York, Special 'Term' and entered in the office of the clerk of the county of New York on the 26th day of December,. 19.05, granting the' defendant’s motion for alimony and counsel fee.
1Opinion of the Court
Ingraham, J.:
■ Prior to the commencement of this action, in an action in which thte defendant was plaintiff, a judgment of separation was obtained awarding her alimony of $120 per'month. That judgment remains un re versed and unmodified. Subsequent to the entry of that judgment this action was commenced to. obtain an absolute divorce from the defendant -upon the ground of adultery. She denied the charge and interposed a- counterclaim demanding an absolute divorce from the plaintiff, whereupon a motion was made at the Special Term asking that alimony be awarded her during the pendency of the…
2Cited by5 opinions
- Lowe v. LoweAppellate Division of the Supreme Court of the State of New York · 1952
- Di Benedetto v. Di BenedettoAppellate Division of the Supreme Court of the State of New York · 1954
- Kelly v. KellySupreme Court of New Jersey · 1937
- Smart v. SmartNew York Supreme Court · 1931
- Zigman v. ZigmanNew York Supreme Court · 1938