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Smith v. Smith

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1960
11 A.D.2d 596 (N.Y. App. Div. 1960)

Opinion

May 16, 1960

Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


Defendant appeals from so much of an order of the Supreme Court as grants $15 per week temporary alimony to plaintiff in a separation action. The defendant asserts that the complaint and moving papers do not show merit and a reasonable probability of success. We agree with appellant that mere quarrels and bickering are not a ground for separation, but the papers allege much more than that, and if the allegations are established provide adequate ground upon which the court could grant a separation. The court cannot try the merits upon affidavits, and, in its discretion allowed a modest sum for temporary alimony. If there be no merit to plaintiff's case defendant should press for a prompt trial and thereby obtain relief. Order unanimously affirmed, without costs.


Summaries of

Smith v. Smith

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1960
11 A.D.2d 596 (N.Y. App. Div. 1960)
Case details for

Smith v. Smith

Case Details

Full title:GEORGIA SMITH, Respondent, v. RALPH L. SMITH, Appellant

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

Date published: May 16, 1960

Citations

11 A.D.2d 596 (N.Y. App. Div. 1960)

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