Sanchez v. Sanchez

Appellate Division of the Supreme Court of New York

Sanchez v. Sanchez

163 A.D.2d 379, 559 N.Y.S.2d 655, 1990 N.Y. App. Div. LEXIS 8848

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

DecidedJuly 9, 1990

StatusPublished

This text of 163 A.D.2d 379 (Sanchez v. Sanchez) 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

Sanchez v. Sanchez, 163 A.D.2d 379, 559 N.Y.S.2d 655, 1990 N.Y. App. Div. LEXIS 8848 (N.Y. Ct. App. 1990).

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Opinion

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Burchell, J.), dated January 3, 1989, as awarded the plaintiff wife maintenance of $150 per week, awarded her arrears of pendente lite maintenance of $52,580, awarded the plaintiff’s attorney counsel fees of $10,000, and directed the release to the plaintiff of $2,000 from the sale of certain real property.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contentions, the Supreme Court did not improvidently exercise its discretion in awarding the plaintiff wife pendente lite maintenance of $200 per week. The Supreme Court duly considered the plaintiff’s needs as well as the defendant’s financial ability to provide for those needs (see, Chachkes v Chachkes, 107 AD2d 786; see also, Frankel v Frankel, 150 AD2d 520). Therefore, the award of $52,580, in arrears of pendente lite maintenance was proper. Nor did the court err in determining the final award of maintenance in the amount of $150 per week and counsel fees of $10,000 (see, Domestic Relations Law § 236 [B] [6]; Jones v Jones, 133 AD2d 217).

We have considered the defendant’s remaining contentions and find them to be without merit. Mangano, P. J., Rubin, Rosenblatt and Miller, JJ., concur.

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In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Burchell, J.), dated January 3, 1989, as awarded the plaintiff wife maintenance of $150 per week, awarded her arrears of pendente lite maintenance of $52,580, awarded the plaintiff’s attorney counsel fees of $10,000, and directed the release to the plaintiff of $2,000 from the sale of certain real property.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contentions, the Supreme Court did not improvidently exercise its discretion in awarding the plaintiff wife pendente lite maintenance of $200 per week. The Supreme Court duly considered the plaintiff’s needs as well as the defendant’s financial ability to provide for those needs (see, Chachkes v Chachkes, 107 AD2d 786; see also, Frankel v Frankel, 150 AD2d 520). Therefore, the award of $52,580, in arrears of pendente lite maintenance was proper. Nor did the court err in determining the final award of maintenance in the amount of $150 per week and counsel fees of $10,000 (see, Domestic Relations Law § 236 [B] [6]; Jones v Jones, 133 AD2d 217).

We have considered the defendant’s remaining contentions and find them to be without merit. Mangano, P. J., Rubin, Rosenblatt and Miller, JJ., concur.

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Bluebook (online)

163 A.D.2d 379, 559 N.Y.S.2d 655, 1990 N.Y. App. Div. LEXIS 8848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-sanchez-nyappdiv-1990.

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