From Casetext: Smarter Legal Research

Goldstein v. Goldstein

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2003
303 A.D.2d 550 (N.Y. App. Div. 2003)

Opinion

2002-03975

Submitted February 18, 2003.

March 17, 2003.

In an action for a divorce and ancillary relief, the defendant husband appeals from so much of an order of the Supreme Court, Westchester County (Shapiro, J.), entered April 26, 2002, as awarded the plaintiff wife certain pendente lite maintenance and housing expenses.

Helene M. Selznick, Somers, N.Y., for appellant.

Hall Dickler Kent Goldstein Wood, LLP, White Plains, N.Y. (Samuel S. Yasgur of counsel), for respondent.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendant appeals from those portions of an order which awarded the plaintiff wife various pendente lite relief. The challenged awards are a proper accommodation between the reasonable needs of the plaintiff and the financial ability of the defendant, giving due regard to the parties' preseparation standard of living (see Ash v. Ash, 262 A.D.2d 436; Friedman v. Friedman, 163 A.D.2d 461, 462). Indeed, modification of a pendente lite award on appeal is rarely made, and then only under exigent circumstances, such as where a party is unable to meet his or her financial obligations or justice otherwise requires (see Wallach v. Wallach, 236 A.D.2d 604, 605; Beige v. Beige, 220 A.D.2d 636). Here, no such circumstances are present. Thus, the proper remedy for any perceived inequity in a pendente lite award is a speedy trial (see Campanella v. Campanella, 232 A.D.2d 598, 599; Gianni v. Gianni, 172 A.D.2d 487, 488).

The defendant's remaining contentions are without merit.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.


Summaries of

Goldstein v. Goldstein

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2003
303 A.D.2d 550 (N.Y. App. Div. 2003)
Case details for

Goldstein v. Goldstein

Case Details

Full title:BARBARA JEAN GOLDSTEIN, respondent, v. RICHARD E. GOLDSTEIN, appellant

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

Date published: Mar 17, 2003

Citations

303 A.D.2d 550 (N.Y. App. Div. 2003)
756 N.Y.S.2d 464

Citing Cases

Iwanow v. Iwanow

We affirm. Contrary to the husband's contention, the award of pendente lite maintenance in the sum of $4,000…

Connolly v. Cook, 2010 NY Slip Op 50763(U) (N.Y. Sup. Ct. 4/8/2010)

In addition, "[w]hile considerations underlying the [pendente lite support] determination must be…