Roshkind v. Roshkind

Appellate Division of the Supreme Court of New York

Roshkind v. Roshkind

40 A.D.2d 641, 336 N.Y.S.2d 890, 1972 N.Y. App. Div. LEXIS 3740

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

DecidedOctober 17, 1972

StatusPublished

This text of 40 A.D.2d 641 (Roshkind v. Roshkind) 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

Roshkind v. Roshkind, 40 A.D.2d 641, 336 N.Y.S.2d 890, 1972 N.Y. App. Div. LEXIS 3740 (N.Y. Ct. App. 1972).

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Opinion

Order, Supreme Court, New York County, entered July 6, 1972, which granted plaintiff -wife temporary alimony and awarded counsel fees and directed the defendant husband to maintain existing insurance policies, unanimously modified, on the law, the facts and in the exercise of discretion, without costs and without disbursements, to the extent of reducing temporary alimony to $450 per week and counsel fees to $4,500, and modifying the direction to maintain existing insurance policies to include only medical, automobile and household insurance and the like and eliminating any life or annuity policy (Winter v. Winter, 39 A D 2d 69), and otherwise affirmed. In balancing the necessary facts for a determination of the amount of support (Phillips v. Phillips, 1 A D 2d 393, 398, affd. without opn., 2 N Y 2d 742), in view of the sharply contested contentions, the amount indicated is within the husband’s ability to pay and should be sufficient to maintain the wife pending the trial. (See Bleiman v. Bleiman, 272 App. Div. 760.) The award of counsel fees was excessive to the extent indicated. Concur — McGivern, J. P., Kupferman, McNally, Capozzoli and Macken, JJ.

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Order, Supreme Court, New York County, entered July 6, 1972, which granted plaintiff -wife temporary alimony and awarded counsel fees and directed the defendant husband to maintain existing insurance policies, unanimously modified, on the law, the facts and in the exercise of discretion, without costs and without disbursements, to the extent of reducing temporary alimony to $450 per week and counsel fees to $4,500, and modifying the direction to maintain existing insurance policies to include only medical, automobile and household insurance and the like and eliminating any life or annuity policy (Winter v. Winter, 39 A D 2d 69), and otherwise affirmed. In balancing the necessary facts for a determination of the amount of support (Phillips v. Phillips, 1 A D 2d 393, 398, affd. without opn., 2 N Y 2d 742), in view of the sharply contested contentions, the amount indicated is within the husband’s ability to pay and should be sufficient to maintain the wife pending the trial. (See Bleiman v. Bleiman, 272 App. Div. 760.) The award of counsel fees was excessive to the extent indicated. Concur — McGivern, J. P., Kupferman, McNally, Capozzoli and Macken, JJ.

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Bluebook (online)

40 A.D.2d 641, 336 N.Y.S.2d 890, 1972 N.Y. App. Div. LEXIS 3740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roshkind-v-roshkind-nyappdiv-1972.