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Griffin v. Griffin

Appellate Division of the Supreme Court of New York, First Department
Feb 11, 1927
219 App. Div. 370 (N.Y. App. Div. 1927)

Opinion

February 11, 1927.

Warren Leslie, for the motion.

William J. Cullen, opposed.

Present — DOWLING, P.J., FINCH, McAVOY, MARTIN and O'MALLEY, JJ.


The order sought to be resettled has already been resettled by an order of this court entered on the 24th day of December, 1926 ( 218 App. Div. 837), so that the motion must be treated as directed to a resettlement of the latter order. Further modification of the order is unnecessary, as no part of the amount paid out to the plaintiff as alimony under the decree before it was modified can be recovered back ( Averett v. Averett, 110 Misc. 584; affd., 191 App. Div. 948; Matthews v. Matthews, 210 id. 652), and defendant cannot have indirectly by recoupment what he could not directly obtain by restitution.

The motion should, therefore, be denied.


Motion denied.


Summaries of

Griffin v. Griffin

Appellate Division of the Supreme Court of New York, First Department
Feb 11, 1927
219 App. Div. 370 (N.Y. App. Div. 1927)
Case details for

Griffin v. Griffin

Case Details

Full title:GRACE H. GRIFFIN, Respondent, v. WILLIAM H. GRIFFIN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 11, 1927

Citations

219 App. Div. 370 (N.Y. App. Div. 1927)
220 N.Y.S. 39

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