Bigley v. Bigley

Appellate Division of the Supreme Court of New York

Bigley v. Bigley

38 A.D.2d 828, 329 N.Y.S.2d 650, 1972 N.Y. App. Div. LEXIS 5429

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

DecidedFebruary 7, 1972

StatusPublished

This text of 38 A.D.2d 828 (Bigley v. Bigley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bigley v. Bigley, 38 A.D.2d 828, 329 N.Y.S.2d 650, 1972 N.Y. App. Div. LEXIS 5429 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action for divorce, defendant husband appeals from an order of the Supreme Court, Westchester County, dated September 22, 1971, which (1) awarded plaintiff temporary alimony of $150 per week and a counsel fee of $750 and (2) directed defendant to pay all taxes, mortgage payments .and insurance on the parties’ marital residence. Order modified (1) by reducing the temporary alimony to $100 per week and (2) striking therefrom the provision directing defendant to pay all taxes, mortgage payments and insurance on the parties’ marital residence. As so modified, order affirmed, without costs. Under the circumstances of this ease, the amount of temporary alimony was excessive and should be reduced to the amount indicated. As we have said on numerous occasions, the best remedy for any dispute as to the proper amount of temporary alimony is a speedy trial (see Orenstein v. Orenstein, 24 A D 2d 753). As for the direction that defendant pay the carrying charges on the marital residence, we think it was an abuse of discretion in this ease because the record shows that the residence was no longer occupied by the wife (Domestic Relations Law, § 236). Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action for divorce, defendant husband appeals from an order of the Supreme Court, Westchester County, dated September 22, 1971, which (1) awarded plaintiff temporary alimony of $150 per week and a counsel fee of $750 and (2) directed defendant to pay all taxes, mortgage payments .and insurance on the parties’ marital residence. Order modified (1) by reducing the temporary alimony to $100 per week and (2) striking therefrom the provision directing defendant to pay all taxes, mortgage payments and insurance on the parties’ marital residence. As so modified, order affirmed, without costs. Under the circumstances of this ease, the amount of temporary alimony was excessive and should be reduced to the amount indicated. As we have said on numerous occasions, the best remedy for any dispute as to the proper amount of temporary alimony is a speedy trial (see Orenstein v. Orenstein, 24 A D 2d 753). As for the direction that defendant pay the carrying charges on the marital residence, we think it was an abuse of discretion in this ease because the record shows that the residence was no longer occupied by the wife (Domestic Relations Law, § 236). Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

38 A.D.2d 828, 329 N.Y.S.2d 650, 1972 N.Y. App. Div. LEXIS 5429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigley-v-bigley-nyappdiv-1972.