Fiorenza v. Fiorenza

Appellate Division of the Supreme Court of New York

Fiorenza v. Fiorenza

199 A.D.2d 301, 606 N.Y.S.2d 1005, 1993 N.Y. App. Div. LEXIS 11826

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

DecidedDecember 13, 1993

StatusPublished

This text of 199 A.D.2d 301 (Fiorenza v. Fiorenza) 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

Fiorenza v. Fiorenza, 199 A.D.2d 301, 606 N.Y.S.2d 1005, 1993 N.Y. App. Div. LEXIS 11826 (N.Y. Ct. App. 1993).

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Opinion

In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 4, 1991, which awarded the plaintiff wife the sum of $50 per week in pendente lite maintenance and $100 per week in pendente lite child support.

Ordered that the order is affirmed, with costs.

The proper remedy for the alleged inequities of a pendente lite award is generally a speedy trial at which a more detailed examination of the parties’ financial circumstances may be conducted (see, Aquart v Aquart, 182 AD2d 735; Caviolo v Caviolo, 155 AD2d 410; Sherman v Sherman, 135 AD2d 806). This is particularly true in this case where the affidavits present sharply conflicting views of the husband’s financial situation and a speedy trial would permit prompt examination of the facts in far greater detail and allow a more accurate appraisal of his situation than can be made on a motion for temporary relief (see, Stone v Stone, 152 AD2d 560). Mangano, P. J., Rosenblatt, Lawrence and Joy, JJ., concur.

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In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 4, 1991, which awarded the plaintiff wife the sum of $50 per week in pendente lite maintenance and $100 per week in pendente lite child support.

Ordered that the order is affirmed, with costs.

The proper remedy for the alleged inequities of a pendente lite award is generally a speedy trial at which a more detailed examination of the parties’ financial circumstances may be conducted (see, Aquart v Aquart, 182 AD2d 735; Caviolo v Caviolo, 155 AD2d 410; Sherman v Sherman, 135 AD2d 806). This is particularly true in this case where the affidavits present sharply conflicting views of the husband’s financial situation and a speedy trial would permit prompt examination of the facts in far greater detail and allow a more accurate appraisal of his situation than can be made on a motion for temporary relief (see, Stone v Stone, 152 AD2d 560). Mangano, P. J., Rosenblatt, Lawrence and Joy, JJ., concur.

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Bluebook (online)

199 A.D.2d 301, 606 N.Y.S.2d 1005, 1993 N.Y. App. Div. LEXIS 11826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiorenza-v-fiorenza-nyappdiv-1993.

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