Novick v. Novick

2019 NY Slip Op 3976

Opinion

Novick v Novick (2019 NY Slip Op 03976)

Novick v Novick

2019 NY Slip Op 03976

Decided on May 22, 2019

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 22, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.

2017-08588
(Index No. 200169/17)

[*1]Steven Novick, respondent,

v

Adrienne Novick, appellant.

Jody Pugach, P.C., Garden City, NY, for appellant.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Jeffrey A. Goodstein, J.), dated June 15, 2017. The order, insofar as appealed from, denied that branch of the defendant's motion which was to direct the plaintiff to pay her credit card bills during the pendency of the action.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff's alleged promise to pay the defendant's credit card bills during the pendency of the action was unsupported by any consideration and legally unenforceable (see Presbyterian Church of Albany v Cooper, 112 NY 517, 520-521; Seidenfeld v Zaltz, 162 AD3d 929, 933; Loft Rest. Assoc v McDonagh, 209 AD2d 482, 483). Accordingly, we agree with the Supreme Court's denial of that branch of the defendant's motion which was to direct the plaintiff to pay her credit card bills during the pendency of the action.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court