Johnson v. Johnson

Appellate Division of the Supreme Court of New York

Johnson v. Johnson

73 A.D.2d 860, 423 N.Y.S.2d 830, 1980 N.Y. App. Div. LEXIS 9747

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

DecidedJanuary 3, 1980

StatusPublished

Cited by1 cases

This text of 73 A.D.2d 860 (Johnson v. Johnson) 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

Johnson v. Johnson, 73 A.D.2d 860, 423 N.Y.S.2d 830, 1980 N.Y. App. Div. LEXIS 9747 (N.Y. Ct. App. 1980).

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Opinion

Order, Supreme Court, New York County, entered October 10, 1979, affirmed, without costs. The wife contends that the temporary alimony and counsel fees are inadequate. A temporary award, as to which there are substantial conflicting positions, is to be remedied by a speedy trial where the facts concerning the finances and standard of living of the parties can more accurately be ascertained. We do not indicate by our determination what the permanent award should be, and the temporary award should have no effect upon the Trial Judge in that connection. (Morrison v Morrison, 64 AD2d 597.) It should be noted that the award at Special Term for counsel fees was "with leave to the defendant to apply to the trial court for additional counsel fees, if warranted”. Concur—Kupferman, J. P., Fein, Markewich and Lupiano, JJ.

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Order, Supreme Court, New York County, entered October 10, 1979, affirmed, without costs. The wife contends that the temporary alimony and counsel fees are inadequate. A temporary award, as to which there are substantial conflicting positions, is to be remedied by a speedy trial where the facts concerning the finances and standard of living of the parties can more accurately be ascertained. We do not indicate by our determination what the permanent award should be, and the temporary award should have no effect upon the Trial Judge in that connection. (Morrison v Morrison, 64 AD2d 597.) It should be noted that the award at Special Term for counsel fees was "with leave to the defendant to apply to the trial court for additional counsel fees, if warranted”. Concur—Kupferman, J. P., Fein, Markewich and Lupiano, JJ.

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Bluebook (online)

73 A.D.2d 860, 423 N.Y.S.2d 830, 1980 N.Y. App. Div. LEXIS 9747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-johnson-nyappdiv-1980.

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