BENJAMIN v. BENJAMIN


283 A.D. 455 (1954)

Virginia P. G. Benjamin, Respondent, v. Henry R. Benjamin, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1954.


Attorney(s) appearing for the Case

Paul W. Williams of counsel (James A. Fowler, Jr., Thomas C. Mason and Mary M. Wenig with him on the brief; Cahill, Gordon, Zachry & Reindel, attorneys), for appellant.

Arthur Garfield Hays of counsel (Osmond K. Fraenkel, Samuel Hartman and Daniel J. Madigan with him on the brief; Hays, St. John, Abramson & Schulman; Hartman, Sheridan & Tekulsky, attorneys), for respondent.

DORE, J. P., CALLAHAN, BREITEL and BOTEIN, JJ., concur.


BERGAN, J.

Plaintiff, who is the wife of defendant, has had judgment in her favor for $14,549.02 entered on the verdict of a jury for necessaries for a part of a year — the first three months of 1952. The plaintiff and defendant separated in 1949 "without fault of either party" and have been living separately by mutual consent.

Defendant had a net total income after taxes in 1951, of $180,158 and...

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