Landes v. Landes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonard Landes, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of March, 1916, denying defendant’s motion for judgment on the pleadings consisting of a complaint and answer in an action for separation.
1Opinion of the Court
Scott, J.:
I am for affirmance of this order, upon the ground that, whether or not the agreement between the parties was valid, the complaint shows that it has been broken by the defendant, and the plaintiff has now brought an action in derogation of it, which is equivalent to a repudiation of it on her part. That leaves open the entire question of her right to a separation and to support. What she may have received under the separation agreement is a matter to be considered when the court comes to make its decree awarding alimony.
The order appealed from should, therefore, be affirmed, with…
2Cited by9 opinions
- Borax v. BoraxNew York Court of Appeals · 1958
- Jenkins v. JenkinsNew York Family Court · 1942
- In re the Estate of TierneyNew York Surrogate's Court · 1933
- LaMontagne v. LaMontagneAppellate Division of the Supreme Court of the State of New York · 1933
- Dolan v. DolanAppellate Division of the Supreme Court of the State of New York · 1940
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