Vessecchia v. Vessecchia

Appellate Division of the Supreme Court of New York

Vessecchia v. Vessecchia

47 A.D.2d 731, 366 N.Y.S.2d 126, 1975 N.Y. App. Div. LEXIS 8993

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

DecidedMarch 11, 1975

StatusPublished

This text of 47 A.D.2d 731 (Vessecchia v. Vessecchia) 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

Vessecchia v. Vessecchia, 47 A.D.2d 731, 366 N.Y.S.2d 126, 1975 N.Y. App. Div. LEXIS 8993 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order, Supreme Court, Bronx County, entered October 23, 1974, which denied [732]*732plaintiff’s motion to discontinue this matrimonial action, and order, Supreme Court, Bronx County, entered November 6, 1974, which granted the wife’s application for pendente relief, unanimously affirmed, without costs and without disbursements. It is again noted that “ The best protection to both parties against any unfairness in the fixing of temporary alimony on the basis of affidavits is a speedy trial rather than appeal or reference” (Bleiman v. Bleiman, 272 App. Div. 760; see Ponard v. Ponard, 47 A D 2d 723; Gross v. Gross, 44 A D 2d 806). At the trial, the pendente lite award should have no effect in the determination as to the grant of permanent alimony, child support or the amount thereof, which determination should rest upon the evidence adduced at said trial. Concur— Stevens, J. P., Kupferman, Lupiano, Capozzoli and Lane, JJ.

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Order, Supreme Court, Bronx County, entered October 23, 1974, which denied [732]*732plaintiff’s motion to discontinue this matrimonial action, and order, Supreme Court, Bronx County, entered November 6, 1974, which granted the wife’s application for pendente relief, unanimously affirmed, without costs and without disbursements. It is again noted that “ The best protection to both parties against any unfairness in the fixing of temporary alimony on the basis of affidavits is a speedy trial rather than appeal or reference” (Bleiman v. Bleiman, 272 App. Div. 760; see Ponard v. Ponard, 47 A D 2d 723; Gross v. Gross, 44 A D 2d 806). At the trial, the pendente lite award should have no effect in the determination as to the grant of permanent alimony, child support or the amount thereof, which determination should rest upon the evidence adduced at said trial. Concur— Stevens, J. P., Kupferman, Lupiano, Capozzoli and Lane, JJ.

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Bluebook (online)

47 A.D.2d 731, 366 N.Y.S.2d 126, 1975 N.Y. App. Div. LEXIS 8993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vessecchia-v-vessecchia-nyappdiv-1975.