Cooperman v. Cooperman
New York Supreme Court
1Opinion of the CourtHarry B. Frank, J.
This is a novel application brought on by order to show cause wherein plaintiff seeks to have defendant punished for contempt for his failure to make alimony payments alleged to be due under a judgment of divorce granted to the defendant in Chihuahua, Mexico, on May 24, 1968.
Defendant cross-moves to vacate the order to show cause and to dismiss the application for failure to state a claim upon which relief can be granted on the ground that there is neither a pending matrimonial action between the parties nor an underlying decree “made by a court of competent jurisdiction” directing payment by…
2Cases cited3 opinions
- Boissevain v. BoissevainNew York Court of Appeals · 1929
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1936
- Chamberlain v. ChamberlainNew York Supreme Court · 1961
3Cited by2 opinions
- Tannenberg v. BeldockAppellate Division of the Supreme Court of the State of New York · 1979
- Santamaria v. SantamariaNew York Supreme Court · 1973