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Brockman v. Brockman

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 2009
59 A.D.3d 287 (N.Y. App. Div. 2009)

Opinion

February 24, 2009.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered October 19, 2007, which denied plaintiffs motion for an accounting, for permission to serve discovery demands, and to terminate his obligation to pay maintenance to defendant, and granted defendant's cross motion for, inter alia, a money judgment for basic child support and maintenance from June 2005 through June 2007, additional accrued arrears, and counsel fees, unanimously affirmed, without costs.

Before: Andrias, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.


Plaintiff's submissions failed to raise genuine issues of fact as to his maintenance and child support obligations or the propriety of the money judgment for basic child support and maintenance from June 2005 through June 2007. Nor has plaintiff shown entitlement to an accounting as to defendant's sale of certain photographs pursuant to a May 2004 stipulation between the parties ( see Silber v Rainess Co., 34 AD2d 188, 191-192, affd 28 NY2d 612). Accordingly, the court also properly denied him discovery as to the sale of the photographs. We have considered plaintiff's remaining contentions and find them unavailing.


Summaries of

Brockman v. Brockman

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 2009
59 A.D.3d 287 (N.Y. App. Div. 2009)
Case details for

Brockman v. Brockman

Case Details

Full title:MICHAEL D. BROCKMAN, Appellant, v. ELLEN BROCKMAN, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 24, 2009

Citations

59 A.D.3d 287 (N.Y. App. Div. 2009)
874 N.Y.S.2d 38