Gardner v. Gardner

Appellate Division of the Supreme Court of New York

Gardner v. Gardner

37 A.D.2d 778, 325 N.Y.S.2d 522, 1971 N.Y. App. Div. LEXIS 3404

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

DecidedSeptember 27, 1971

StatusPublished

This text of 37 A.D.2d 778 (Gardner v. Gardner) 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

Gardner v. Gardner, 37 A.D.2d 778, 325 N.Y.S.2d 522, 1971 N.Y. App. Div. LEXIS 3404 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a divorce action, defendant appeals from an order of the 'Supreme Court, Nasssau County, dated December 3, 1970, which, inter alia, directed him to pay to plaintiff, weekly, $25 for alimony pendente lite and $75 for support of the children of the marriage, and also to pay the carrying charges and the fuel and utility bills on the marital residence, exclusive of telephone service; and which further awarded plaintiff a counsel fee of $500. Order modified by striking therefrom the ordering paragraph which directed payments for alimony and support, including the charges and bills on the residence, and by substituting therefor a provision directing defendant to pay to plaintiff $120 per week to cover the support and maintenance of plaintiff and the children of the marriage and to further cover all expenses and carrying charges on the marital residence. As so modified, order affirmed, without costs. In our opinion, the award of temporary support and the direction that defendant pay the carrying charges and other expenses on the marital residence beyond the sum herein provided therefor was an abuse of discretion. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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In a divorce action, defendant appeals from an order of the 'Supreme Court, Nasssau County, dated December 3, 1970, which, inter alia, directed him to pay to plaintiff, weekly, $25 for alimony pendente lite and $75 for support of the children of the marriage, and also to pay the carrying charges and the fuel and utility bills on the marital residence, exclusive of telephone service; and which further awarded plaintiff a counsel fee of $500. Order modified by striking therefrom the ordering paragraph which directed payments for alimony and support, including the charges and bills on the residence, and by substituting therefor a provision directing defendant to pay to plaintiff $120 per week to cover the support and maintenance of plaintiff and the children of the marriage and to further cover all expenses and carrying charges on the marital residence. As so modified, order affirmed, without costs. In our opinion, the award of temporary support and the direction that defendant pay the carrying charges and other expenses on the marital residence beyond the sum herein provided therefor was an abuse of discretion. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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Bluebook (online)

37 A.D.2d 778, 325 N.Y.S.2d 522, 1971 N.Y. App. Div. LEXIS 3404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-gardner-nyappdiv-1971.