Legal Opinion
O'Brien v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1937PublishedCited by 10 opinions
1Opinion of the CourtLewis, J.
In an action for absolute divorce a jury has resolved the issue of adultery favorably to the defendant, leaving for adjudication defendant’s cause of action for separation which she alleged in her answer as a counterclaim. The appeal is from an order of the Special Term which denied a motion by defendant for alimony and counsel fees and granted plaintiff’s motion to strike from defendant’s answer her counterclaim for separation.
The parties to this action were married in 1920. Thereafter, in 1927, they entered into a separation agreement which contained the usual provisions for separate abode,…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Randolph v. FieldAppellate Division of the Supreme Court of the State of New York · 1914
- Rosenblatt v. RosenblattAppellate Division of the Supreme Court of the State of New York · 1924
- Breiterman v. BreitermanAppellate Division of the Supreme Court of the State of New York · 1934
- Pinkus v. PinkusAppellate Division of the Supreme Court of the State of New York · 1930
3Cited by10 opinions
- Holahan v. HolahanNew York Supreme Court · 1947
- Gorman v. GormanAppellate Division of the Supreme Court of the State of New York · 1954
- Leeds v. LeedsAppellate Division of the Supreme Court of the State of New York · 1942
- Spade v. SpadeNew York Supreme Court · 1957
- Cavellier v. CavellierAppellate Division of the Supreme Court of the State of New York · 1957
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