Caiati v. Caiati

Appellate Division of the Supreme Court of New York

Caiati v. Caiati

40 A.D.2d 842, 337 N.Y.S.2d 496, 1972 N.Y. App. Div. LEXIS 3411

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

DecidedNovember 13, 1972

StatusPublished

This text of 40 A.D.2d 842 (Caiati v. Caiati) 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

Caiati v. Caiati, 40 A.D.2d 842, 337 N.Y.S.2d 496, 1972 N.Y. App. Div. LEXIS 3411 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a separation action, defendant appeals from so much of an order of the Supreme Court, Westchester County, dated October 21, 1971, as (1) granted plaintiff's motion to reargue her prior motion for temporary alimony, etc., and (2) thereupon, by the second and third decretal paragraphs thereof, directed defendant, pendente lite, to furnish support to plaintiff and the three children of their marriage, “ such reasonable expenses as are necessary to maintain the home and the other reasonable expenses incidental to the support of his family,” etc., plus $40 per week for plaintiff's personal expenses. Order modified by striking therefrom the second and third decretal paragraphs and by substituting therefor a provision directing defendant, pendente lite, (1) to pay for the expenses in connection with the marital home, including mortgage interest and amortization, taxes, insurance, fuel and utilities, and (2) to pay plaintiff $175 per week for the support and maintenance of plaintiff and the children of the marriage. As so modified, order affirmed insofar as appealed from, without costs. In our opinion, the foregoing substitute provisions for the temporary support and maintenance of plaintiff and the children of the marriage, which include a specific amount to cover such expenses as food, clothing and medical care, will avoid the difficulties which may have arisen in connection with the implementation of the directions made by Special Term, which were too general in nature (see Weltz v. Weltz, 35 A D 2d 208; Manacher v. Manacher, 35 A D 2d 705). Martuscello, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In a separation action, defendant appeals from so much of an order of the Supreme Court, Westchester County, dated October 21, 1971, as (1) granted plaintiff's motion to reargue her prior motion for temporary alimony, etc., and (2) thereupon, by the second and third decretal paragraphs thereof, directed defendant, pendente lite, to furnish support to plaintiff and the three children of their marriage, “ such reasonable expenses as are necessary to maintain the home and the other reasonable expenses incidental to the support of his family,” etc., plus $40 per week for plaintiff's personal expenses. Order modified by striking therefrom the second and third decretal paragraphs and by substituting therefor a provision directing defendant, pendente lite, (1) to pay for the expenses in connection with the marital home, including mortgage interest and amortization, taxes, insurance, fuel and utilities, and (2) to pay plaintiff $175 per week for the support and maintenance of plaintiff and the children of the marriage. As so modified, order affirmed insofar as appealed from, without costs. In our opinion, the foregoing substitute provisions for the temporary support and maintenance of plaintiff and the children of the marriage, which include a specific amount to cover such expenses as food, clothing and medical care, will avoid the difficulties which may have arisen in connection with the implementation of the directions made by Special Term, which were too general in nature (see Weltz v. Weltz, 35 A D 2d 208; Manacher v. Manacher, 35 A D 2d 705). Martuscello, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 842, 337 N.Y.S.2d 496, 1972 N.Y. App. Div. LEXIS 3411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caiati-v-caiati-nyappdiv-1972.