Schaeffer v. Schaeffer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action by a wife for separation, in which her husband counterclaimed for a separation, the appeal is from a judgment granting a separation to the wife, dismissing the counterclaim, awarding $35 a week alimony and $200 additional counsel fee, and directing payment of an unpaid balance of counsel fee. Judgment reversed, without costs, and a new trial granted. Assuming that the testimony by the respondent as to cruel and inhuman treatment, in the absence of physical violence or threat thereof, would be sufficient to satisfy the requirement that appellant’s behavior might reasonably be said…
2Cases cited3 opinions
- Averett v. AverettAppellate Division of the Supreme Court of the State of New York · 1919
- Averett v. . AverettNew York Court of Appeals · 1921
- Hemphill v. HemphillAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by1 opinion
- Lind v. LindAppellate Division of the Supreme Court of the State of New York · 1982