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Leifer v. Leifer

2 A.D.2d 898 Court N.Y. App. Div. Decision date 1956-11-19 English

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p. 898
Sylvia Leifer, Respondent, v. Mayer Leifer, Appellant.

In a separation action the appeal is from an order which, inter alia, adjudges appellant in contempt of court for failure to comply with the provisions in a judgment of separation, as amended, which require him to make certain payments for the support of respondent and the issue of the marriage, and to pay a counsel fee. Order affirmed, without costs, on the authority of Altschuler v. Altschuler ( 246 App. Div. 779 ) and Dube v. Dube ( 230 App. Div. 494 ). If respondent has violated the terms of the judgment, as amended, with respect to appellant’s right of visitation, a proper remedy lies in a motion to amend the judgment with respect to the provisions requiring him to make payments for support (Altschuler v. Altschuler, supra; Dube v. Dube, supra). Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ., concur.