Anderson v. Anderson
New York Supreme Court
Motion by plaintiff to modify judgment of separation by increasing the amount of the alimony therein provided for her support.
1Opinion of the CourtGiegerich, J.
The plaintiff by this motion seeks to modify the judgment of separation by increasing the amount of the alimony therein provided for her support. The defendant insists that the court has no power to entertain such a motion. I do not think the point is well taken. The final judgment in this case contains a provision for the support of the plaintiff, and therefore the court has the power, pursuant to section 1771 of the Code of Civil Procedure, to vary *124or modify the same. The present case is distinguishable from Koehl v. Koehl, 92 Misc. Rep. 579, where the ■judgment of separation contained no…
2Cases cited2 opinions
- Koehl v. KoehlNew York Supreme Court · 1915
- Pollitzer v. PollitzerAppellate Division of the Supreme Court of the State of New York · 1917