Malkin v. Malkin

Appellate Division of the Supreme Court of New York

Malkin v. Malkin

200 A.D.2d 442, 607 N.Y.S.2d 239

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

DecidedJanuary 13, 1994

StatusPublished

This text of 200 A.D.2d 442 (Malkin v. Malkin) 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

Malkin v. Malkin, 200 A.D.2d 442, 607 N.Y.S.2d 239 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered July 9, 1992, which, inter alia, granted plaintiff wife temporary maintenance of $2500 a week tax free, unanimously modified, on the law, the facts and in the exercise of discretion, to delete from the award of maintenance the provision that it be on a tax-free basis and the order is otherwise affirmed, without costs.

While the appropriate remedy for review of pendente lite awards in matrimonial actions is a speedy trial, which, in this case, had already been scheduled to start by the time the appeal was heard, the award of maintenance on a tax-free basis was an improvident exercise of discretion under the circumstances of this case, and we accordingly vacate that provision of the pendente lite award (cf., Lasry v Lasry, 180 AD2d 488, 489). Concur — Murphy, P. J., Sullivan, Rosenberger and Wallach, JJ.

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—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered July 9, 1992, which, inter alia, granted plaintiff wife temporary maintenance of $2500 a week tax free, unanimously modified, on the law, the facts and in the exercise of discretion, to delete from the award of maintenance the provision that it be on a tax-free basis and the order is otherwise affirmed, without costs.

While the appropriate remedy for review of pendente lite awards in matrimonial actions is a speedy trial, which, in this case, had already been scheduled to start by the time the appeal was heard, the award of maintenance on a tax-free basis was an improvident exercise of discretion under the circumstances of this case, and we accordingly vacate that provision of the pendente lite award (cf., Lasry v Lasry, 180 AD2d 488, 489). Concur — Murphy, P. J., Sullivan, Rosenberger and Wallach, JJ.

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200 A.D.2d 442, 607 N.Y.S.2d 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malkin-v-malkin-nyappdiv-1994.

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