Hyperlawhypertext legal database Brenner v. Schrutt 45 A.D.2d 981

← Cases

Brenner v. Schrutt

45 A.D.2d 981 Court N.Y. App. Div. Decision date 1974-09-12 Docket Appeal No. 1 English

Contents

Majority

p. 981
Barbara A. Brenner, Appellant, v. Norman S. Schrutt, Respondent.
(Appeal No. 1.)

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with memorandum: The application to increase support payments for the children upon alleged change of circumstances, based upon conflicting affidavits, requires a hearing as requested by both parties. It is incumbent upon plaintiff to show a substantial change of circumstances not within the contemplation of the parties at the time of the entry of the decree (see Paget v. Paget, 36 A D 2d 813 ). (Appeal from order of Erie Special Term in application to modify judgment of divorce.) Present—Marsh, P. J., Cardamone, Simons, Goldman and Del Vecchio, JJ.

Cases cited