Wilson v. Pennington

Appellate Division of the Supreme Court of New York

Wilson v. Pennington

301 A.D.2d 445, 752 N.Y.S.2d 887, 2003 N.Y. App. Div. LEXIS 501

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

DecidedJanuary 21, 2003

StatusPublished

This text of 301 A.D.2d 445 (Wilson v. Pennington) 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

Wilson v. Pennington, 301 A.D.2d 445, 752 N.Y.S.2d 887, 2003 N.Y. App. Div. LEXIS 501 (N.Y. Ct. App. 2003).

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Opinion

—Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about August 12, 2002, which, in a proceeding seeking an award of maintenance, insofar as appealed from, denied defendant’s motion to dismiss the proceeding as a matter of law, unanimously affirmed, with costs.

Although the parties’ divorce judgment makes no provision [446]*446for the payment of maintenance, it expressly continues “jurisdiction over the issue of maintenance,” and thus plainly left open the possibility of an award of maintenance in the future. In any event, there is no merit to defendant’s argument that maintenance cannot be awarded as a matter of law where none was awarded originally in the divorce judgment (see Wyser-Pratte v Wyser-Pratte, 66 NY2d 715, revg 111 AD2d 99; Sass v Sass, 276 AD2d 42, 47-48). Concur — Tom, J.P., Buckley, Rosenberger, Friedman and Marlow, JJ.

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—Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about August 12, 2002, which, in a proceeding seeking an award of maintenance, insofar as appealed from, denied defendant’s motion to dismiss the proceeding as a matter of law, unanimously affirmed, with costs.

Although the parties’ divorce judgment makes no provision [446]*446for the payment of maintenance, it expressly continues “jurisdiction over the issue of maintenance,” and thus plainly left open the possibility of an award of maintenance in the future. In any event, there is no merit to defendant’s argument that maintenance cannot be awarded as a matter of law where none was awarded originally in the divorce judgment (see Wyser-Pratte v Wyser-Pratte, 66 NY2d 715, revg 111 AD2d 99; Sass v Sass, 276 AD2d 42, 47-48). Concur — Tom, J.P., Buckley, Rosenberger, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 445, 752 N.Y.S.2d 887, 2003 N.Y. App. Div. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-pennington-nyappdiv-2003.

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