Falk v. Miller

Appellate Division of the Supreme Court of New York

Falk v. Miller

263 A.D.2d 434, 693 N.Y.S.2d 437, 1999 N.Y. App. Div. LEXIS 8430

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

DecidedJuly 29, 1999

StatusPublished

This text of 263 A.D.2d 434 (Falk v. Miller) 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

Falk v. Miller, 263 A.D.2d 434, 693 N.Y.S.2d 437, 1999 N.Y. App. Div. LEXIS 8430 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about October 30, 1998, which, in an action for divorce, insofar as appealed from, awarded plaintiff various items of pendente lite relief, unanimously modified, on the facts, to alter the award of temporary maintenance to $2,500 a month, to vacate the awards of 50% of all of plaintiff’s unreimbursed nonelective medical, dental and psychiatric expenses, and to alter the rate at which arrears are to be paid to $1,000 a month, and otherwise affirmed, without costs.

Although pendente lite relief was properly granted given that defendant’s income far exceeds plaintiff’s and that plaintiff has been shouldering most of the burden for supporting herself and the parties’ two children, who reside with her, the temporary maintenance set by the IAS Court imposes too great a financial burden upon defendant, given his income, and has been adjusted so as to better reflect his ability to contribute toward her reasonable needs (Domestic Relations Law § 236 [B] [6] [a]). Concur — Sullivan, J. P., Tom, Mazzarelli, Rubin and Friedman, JJ.

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—Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about October 30, 1998, which, in an action for divorce, insofar as appealed from, awarded plaintiff various items of pendente lite relief, unanimously modified, on the facts, to alter the award of temporary maintenance to $2,500 a month, to vacate the awards of 50% of all of plaintiff’s unreimbursed nonelective medical, dental and psychiatric expenses, and to alter the rate at which arrears are to be paid to $1,000 a month, and otherwise affirmed, without costs.

Although pendente lite relief was properly granted given that defendant’s income far exceeds plaintiff’s and that plaintiff has been shouldering most of the burden for supporting herself and the parties’ two children, who reside with her, the temporary maintenance set by the IAS Court imposes too great a financial burden upon defendant, given his income, and has been adjusted so as to better reflect his ability to contribute toward her reasonable needs (Domestic Relations Law § 236 [B] [6] [a]). Concur — Sullivan, J. P., Tom, Mazzarelli, Rubin and Friedman, JJ.

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Bluebook (online)

263 A.D.2d 434, 693 N.Y.S.2d 437, 1999 N.Y. App. Div. LEXIS 8430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falk-v-miller-nyappdiv-1999.

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