(Download) "Helaine E. Fishman v. Alvin Fishman" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Helaine E. Fishman v. Alvin Fishman
- Author : Court of Appeals of New York
- Release Date : January 09, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
[42 N.Y.2d 856 Page 857] Memorandum. The commencement of this action fully satisfied the requirements of subdivision a of section 232 of the Domestic Relations Law regarding service of a summons in a matrimonial action for a separation. Admittedly, the trial court could not properly award the plaintiff wife a divorce where the notice indorsed on the summons stated that the relief sought was [a] judgment of separation in favor of the plaintiff, separating the parties from bed and board, and for alimony, child support and counsel fees. Nevertheless, the court was empowered, in its discretion, to amend the judgment, nunc pro tunc, so as to award the plaintiff a separation, rather than a divorce decree. (CPLR 5019, subd [a].) Such corrective action created a judgment which, as is required by the Domestic Relations Law, was of the same nature as was indicated in the summons served personally upon the defendant within the State.
 "Helaine E. Fishman v. Alvin Fishman" by Court of Appeals of New York * Book PDF Kindle ePub Free){kind=link}