From Casetext: Smarter Legal Research

Presberg v. Presberg

Appellate Division of the Supreme Court of New York, First Department
May 17, 1955
285 App. Div. 1134 (N.Y. App. Div. 1955)

Opinion

May 17, 1955.


Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. In the circumstances, including the short interval since the date of the judgment of separation, modification of judgment by reducing the alimony from $30 to $25 per week was not justified. There is no warrant in the papers for relitigating issues as to financial status after final judgment, nor is there persuasive or sufficient evidence to show that defendant's position has been adversely changed for reasons beyond his control.

Concur — Peck, P.J., Callahan, Breitel, Bastow and Rabin, JJ.


Summaries of

Presberg v. Presberg

Appellate Division of the Supreme Court of New York, First Department
May 17, 1955
285 App. Div. 1134 (N.Y. App. Div. 1955)
Case details for

Presberg v. Presberg

Case Details

Full title:BETTY PRESBERG, Appellant, v. CY PRESBERG, Respondent

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

Date published: May 17, 1955

Citations

285 App. Div. 1134 (N.Y. App. Div. 1955)

Citing Cases

Seeberg v. Seeberg

As was pointed out in Kover v Kover ( 29 N.Y.2d 408, 413): "despite the broad language of section 236 Dom.…

Matter of Miller v. Miller

There is insufficient evidence on the record to find that there was any material change in appellant's income…