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Sarnicola v. Sarnicola

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1975
50 A.D.2d 842 (N.Y. App. Div. 1975)

Opinion

December 15, 1975


In a matrimonial action, the defendant husband appeals from an order of the Supreme Court, Queens County, entered July 7, 1975, which (1) denied his motion to modify a prior judgment of divorce and (2) granted plaintiff's cross motion to the extent, inter alia, of (a) directing the entry of a money judgment for the amount of arrears in the payment of alimony, child support and counsel fees pursuant to the said prior judgment and (b) awarded a counsel fee in the amount of $150 to plaintiff. Order reversed, without costs, and action remanded to Special Term for a hearing in accordance herewith. In the light of defendant's allegation of drastically changed financial circumstances, Special Term acted improvidently in not holding a hearing to determine his current financial situation and the needs of plaintiff and the child (see Espejo v Espejo, 41 A.D.2d 555; cf. Matter of Hunter v Hunter, 41 A.D.2d 772; Berg v Berg, 48 A.D.2d 873). Rabin, Acting P.J., Latham, Margett, Christ and Shapiro, JJ., concur.


Summaries of

Sarnicola v. Sarnicola

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1975
50 A.D.2d 842 (N.Y. App. Div. 1975)
Case details for

Sarnicola v. Sarnicola

Case Details

Full title:BARBARA SARNICOLA, Respondent, v. VINCENT SARNICOLA, Appellant

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

Date published: Dec 15, 1975

Citations

50 A.D.2d 842 (N.Y. App. Div. 1975)

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