(DOWNLOAD) "Lottie Malman v. Benjamin Malman" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Lottie Malman v. Benjamin Malman
- Author : Supreme Court of New York
- Release Date : January 18, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Concededly defendant, after 31 years of marriage, and in the latter part of October, 1972, left the marital home and abandoned plaintiff, without any intention to return. Defendant claims that from that date until February, 1973 he paid plaintiff $1,000 per month for her support. There is an issue whether that money was plaintiffs funds or defendants, which issue the trial court decided in plaintiffs favor. Beginning about February, 1973 defendant stopped making any payments whatsoever to plaintiff, on his former attorneys advice. On May 7, 1973 this action was instituted by service of a summons on defendant. On November 5, 1973 plaintiff served a complaint seeking, in her first cause of action, a separation, alimony, counsel fees and exclusive possession of the marital home. In her second cause of action she sought reimbursement for expenditures claimed to have been made by her from her own funds for necessaries from the date of the abandonment in 1972. In our view, the evidence is insufficient to sustain the trial courts award for the alleged necessaries. Where, as here, a cause of action to recover for necessaries is joined with a cause of action for separation, it is essential that the wife furnish "competent proof of what the items were and whether they were in fact necessaries" (cf. Himelfarb v. Himelfarb, 35 A.D.2d 664, 665). Nonetheless, we believe there is a basis in the record to justify an award of alimony to plaintiff commencing as of May 7, 1973, the date of the commencement of the action, rather than the commencement date fixed in the judgment (see McCarthy v. McCarthy, 143 N. Y. 235). We feel [46 A.D.2d 803 Page 804]
 "Lottie Malman v. Benjamin Malman" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}