Dryszczak v. Dryszczak

Appellate Division of the Supreme Court of New York

Dryszczak v. Dryszczak

75 A.D.2d 779, 428 N.Y.S.2d 1001, 1980 N.Y. App. Div. LEXIS 11355

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

DecidedMay 22, 1980

StatusPublished

This text of 75 A.D.2d 779 (Dryszczak v. Dryszczak) 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

Dryszczak v. Dryszczak, 75 A.D.2d 779, 428 N.Y.S.2d 1001, 1980 N.Y. App. Div. LEXIS 11355 (N.Y. Ct. App. 1980).

Pincite

Opinion

Supreme Court, New York County, entered November 1, 1979, awarding defendant wife temporary alimony in the amount of $100 per week, is unanimously modified, on the law and the facts, and in the exercise of discretion, without costs, to reduce the temporary alimony to $75 per week. In the light of the brevity of the marriage and the relative income and circumstances of the parties, we think that based on the limited information available on affidavits, the $75 per week is a more appropriate temporary alimony than the $100 per week awarded by Special Term. We emphasize that our present determination is in no sense to be deemed a guideline as to the amount to be awarded after trial and an opportunity for cross-examination and fuller examination of the facts. We repeat what we have often said, that the best remedy for a party dissatisfied with a temporary alimony award is to move the case to an early trial. Concur— Fein, J. P., Sullivan, Lupiano, Silverman and Bloom, JJ.

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Supreme Court, New York County, entered November 1, 1979, awarding defendant wife temporary alimony in the amount of $100 per week, is unanimously modified, on the law and the facts, and in the exercise of discretion, without costs, to reduce the temporary alimony to $75 per week. In the light of the brevity of the marriage and the relative income and circumstances of the parties, we think that based on the limited information available on affidavits, the $75 per week is a more appropriate temporary alimony than the $100 per week awarded by Special Term. We emphasize that our present determination is in no sense to be deemed a guideline as to the amount to be awarded after trial and an opportunity for cross-examination and fuller examination of the facts. We repeat what we have often said, that the best remedy for a party dissatisfied with a temporary alimony award is to move the case to an early trial. Concur— Fein, J. P., Sullivan, Lupiano, Silverman and Bloom, JJ.

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Bluebook (online)

75 A.D.2d 779, 428 N.Y.S.2d 1001, 1980 N.Y. App. Div. LEXIS 11355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dryszczak-v-dryszczak-nyappdiv-1980.