Kallenberg v. Kallenberg

Appellate Division of the Supreme Court of New York

Kallenberg v. Kallenberg

167 A.D.2d 987, 563 N.Y.S.2d 705, 1990 N.Y. App. Div. LEXIS 14347

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

DecidedNovember 16, 1990

StatusPublished

This text of 167 A.D.2d 987 (Kallenberg v. Kallenberg) 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

Kallenberg v. Kallenberg, 167 A.D.2d 987, 563 N.Y.S.2d 705, 1990 N.Y. App. Div. LEXIS 14347 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order unanimously affirmed with costs. Memorandum: Plaintiff appeals from an order which awarded her maintenance pendente lite, and referred her request for in[988]*988terim counsel fees to the trial court. On this record, consisting of conflicting affidavits, we see no reason to substitute our discretion for that of Supreme Court (see, Stone v Stone, 152 AD2d 560; Cohen v Cohen, 129 AD2d 550, 551). Appeals from the granting of pendente lite relief are not favored and it is more expedient and economical to proceed promptly to trial (see, Berger v Berger, 125 AD2d 285). (Appeal from order of Supreme Court, Nassau County, Yachnin, J.—temporary support.) Present—Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Order unanimously affirmed with costs. Memorandum: Plaintiff appeals from an order which awarded her maintenance pendente lite, and referred her request for in[988]*988terim counsel fees to the trial court. On this record, consisting of conflicting affidavits, we see no reason to substitute our discretion for that of Supreme Court (see, Stone v Stone, 152 AD2d 560; Cohen v Cohen, 129 AD2d 550, 551). Appeals from the granting of pendente lite relief are not favored and it is more expedient and economical to proceed promptly to trial (see, Berger v Berger, 125 AD2d 285). (Appeal from order of Supreme Court, Nassau County, Yachnin, J.—temporary support.) Present—Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Bluebook (online)

167 A.D.2d 987, 563 N.Y.S.2d 705, 1990 N.Y. App. Div. LEXIS 14347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kallenberg-v-kallenberg-nyappdiv-1990.

Opinion

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