Legal Opinion

Alessi v. Alessi

New York Supreme Court

Decided January 15, 1958Published

1Opinion of the CourtL. Barron Hill, J.

This is an application for an order of commitment of the defendant for failure to pay a fine of $900 imposed under a previous order of this court dated October 10, 1957. The fine and purge order contains a direction, that it be served on the defendant personally. This has not been done. If it cannot be done, the plaintiff’s remedy is,to move to resettle the order, not to disregard it. The cases cited by plaintiff are not in point. They are concerned with personal service of the basic order, i.e., the order which fixes the alimony and directs its payment. This subject is controlled by section…

2Cases cited5 opinions

  1. Matzke v. MatzkeAppellate Division of the Supreme Court of the State of New York · 1918
  2. Bishock v. BishockAppellate Division of the Supreme Court of the State of New York · 1952
  3. Tucci v. TucciAppellate Division of the Supreme Court of the State of New York · 1930
  4. Shusterman v. ShustermanNew York Supreme Court · 1945
  5. Shusterman v. ShustermanAppellate Division of the Supreme Court of the State of New York · 1945

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