General
Paula A. Duryea, Respondent-Appellant, v. David G. Duryea, Appellant-Respondent
271 A.D.2d 803·New York Supreme Court, Appellate Division·1946·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
(October 28, 1946.)
Paula A. Duryea, Respondent-Appellant, v. David G. Duryea, Appellant-Respondent.
[MAJORITY]
In a matrimonial action, order, denying the plaintiff wife’s motion to amend the final decree so as to add a provision for alimony,. and modifying the said decree by adding a direction to the husband to provide the plaintiff and the child of the marriage with “adequate housing accommodations,” modified on the facts by striking out the ordering paragraphs and substituting in place thereof a paragraph stating that the motion is in all respects denied. As thus modified, the order, insofar as appeals are taken, is affirmed, without costs. The direction for adequate housing accommodations is vague, uncertain, and not susceptible of definite enforcement. No case was made out for the modifiestion of the final decree. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.