Cary v. Cary

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1915

Appellate Division of the Supreme Court of the State of New York · decided 1915-05-15

<p>Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 2d day of March, 1915, denying a motion for a judgment for unpaid alimony and granting the defendant’s motion to annul the provisions for alimony in a decree from the time of plaintiff’s remarriage.</p>

Decided 1915-05-15

Per Curiam:

¶1The order appealed from should be modified by directing the entry of a judgment for $2,047.50, unpaid alimony up to December 23, 1913, when the application to annul the provisions for alimony by reason of the plaintiff’s remarriage was made, and annulling the provisions for alimony after said date of December S3, 1913, without costs. (See Mowbray v. Mowbray, 136 App. Div. 513; Krauss v. Krauss, No. 1,127 id. 740.) Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Order to be settled on notice.