(Download) "Claire Berkowicz v. David Berkowicz" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Claire Berkowicz v. David Berkowicz
- Author : Supreme Court of New York
- Release Date : January 14, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
An examination of the record indicates that the several provisions of the judgment and order are ambiguous and inconsistent.
One provision of the judgment dismisses the complaint. Other provisions of the judgment in effect grant a separation by directing
the husband to vacate the apartment occupied by the parties jointly and by giving custody of the child to the wife with the
right of visitation to the husband. Another provision of the judgment makes an award for the support of the wife and child
while the order made by the Official Referee makes an award for the support of the child only. In a matrimonial action where
the wife's complaint is dismissed and the husband prevails, while the court is empowered to make an allowance for the support
of the child (Civ. Prac. Act, 1170-a), it is not empowered to make an allowance for the support of the wife. (Waring v.
Waring, 100 N. Y. 570; Ross v. Ross, 290 N. Y. 887.) Under all the circumstances, it is advisable, in the interests of justice,
to reverse the judgment and order, and to grant a new trial of all the issues before the Special Term. Disposition Judgment and order reversed, without costs, and new trial granted, without prejudice to an application to the
Special Term, as plaintiff may be advised, to provide for custody and support pending retrial.
 "Claire Berkowicz v. David Berkowicz" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}