Legal Opinion

Schubert v. Schubert

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1954PublishedCited by 2 opinions

1Opinion of the Court

The issues in this action for divorce and separation should not be involved nor protracted, and since a note of issue has been filed, if both parties co-operate they can obtain an early trial. From the papers on this motion for alimony and counsel fee it is clear that plaintiff wife has an assured, substantial income of her own with which to support herself pending trial. However, there is sharp and perhaps irreconcilable conflict as to the husband’s income and resources. These disputed facts can be resolved more truly and efficiently upon trial than upon motion papers; and the trial court…

2Cases cited2 opinions

  1. Patterson v. PattersonAppellate Division of the Supreme Court of the State of New York · 1896
  2. Goodale v. GoodaleAppellate Division of the Supreme Court of the State of New York · 1929

3Cited by2 opinions

  1. Wyzenbeek v. WyzenbeekAppellate Division of the Supreme Court of the State of New York · 1955
  2. Weisner v. WeisnerAppellate Division of the Supreme Court of the State of New York · 1963

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