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eBook details

• Title: Anthony J. Votta v. Theresa Votta
• Author : Supreme Court of New York
• Release Date : January 05, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Since the judgment was granted by reason of the defendant's misconduct (cruel and inhuman treatment), no alimony should have been granted (see Math v. Math, 39 A.D.2d 583; cf. Domestic Relations Law, § 236). By parity of reasoning, she should not have been awarded exclusive occupancy of the marital residence and plaintiff should not have been directed to pay the carrying charges for fuel and utility bills. Disposition Judgment modified, on the law and the facts, by striking therefrom the third and fourth decretal paragraphs, which are the portions from which plaintiff appeals. As so modified, judgment affirmed insofar as appealed from, without costs.

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