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Frankel v. Frankel

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 520 (N.Y. App. Div. 1989)

Opinion

May 15, 1989

Appeal from the Supreme Court, Nassau County (Kohn, J.).


Ordered that the order is affirmed, with costs.

Contrary to the defendant's contentions, the Supreme Court did not improvidently exercise its discretion in awarding the plaintiff wife $600 per week maintenance, pendente lite, $3,500 in interim counsel fees and $5,000 for expert fees. 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 A.D.2d 786; Stern v Stern, 106 A.D.2d 631; Van Ess v Van Ess, 100 A.D.2d 848). Moreover, as it has been frequently noted, the remedy for alleged inequities in a pendente lite award is a speedy trial, where a more detailed examination of the parties' circumstances may be conducted (see, Schlosberg v Schlosberg, 130 A.D.2d 735; Jorgensen v Jorgensen, 86 A.D.2d 861).

Further, the Supreme Court did not err in restraining the defendant, inter alia, from transferring or disposing of marital assets pendente lite since the defendant retains exclusive control over many of these assets, and his unilateral decision to transfer, sell or otherwise encumber the property may serve to deprive the plaintiff of her equitable share of it (see, Chosed v Chosed, 116 A.D.2d 690).

The award to the plaintiff of temporary exclusive occupancy of the marital residence was also proper (see, Judell v Judell, 128 A.D.2d 416; Wolfe v Wolfe, 111 A.D.2d 809). Mangano, J.P., Brown, Eiber and Sullivan, JJ., concur.


Summaries of

Frankel v. Frankel

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 520 (N.Y. App. Div. 1989)
Case details for

Frankel v. Frankel

Case Details

Full title:HARRIET FRANKEL, Respondent, v. ALEX FRANKEL, Appellant

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

Date published: May 15, 1989

Citations

150 A.D.2d 520 (N.Y. App. Div. 1989)
541 N.Y.S.2d 114

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