Legal Opinion

Itzkowitz v. Itzkowitz

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

Decided July 1, 1898Published

Appeal by the defendant, Jacob Itzkowitz,- from an order of thé Supreme Court, made at the New York Special- Term and entered in the office óf the clerk of the county of-.New York on the. 5th-day of July, 1898, awarding the plaintiff alimony and a counsel fee pending the trial of the action.

1Opinion of the Court

Per Curiam :

The principal ground urged for reversal is that the complaint. does not state facts sufficient to constitute a cause of action. This seems untenable. It is. alleged that the defendant, on March 26, 1898,, “ brutally beat this plaintiff about the head and face.” It is further alleged that defendant has absented himself from his hoine , since- May 16, 1898; that lie has failed.to furnish plaintiff with the necessaries of life, and that his entire course of conduct toward her, prior to the abandonment, was so brutal as to.undermine her health. Whatever the proof, these allegations…

2Cases cited2 opinions

  1. Perky v. PerryNew York Court of Chancery · 1831
  2. Solomon v. SolomonThe Superior Court of New York City · 1863

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