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Lefkow v. Lefkow

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1992
188 A.D.2d 589 (N.Y. App. Div. 1992)

Opinion

December 21, 1992

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order is affirmed, with costs.

It is well established that voluntary payments made by a parent for the benefit of children and not pursuant to a court order may not be credited against amounts owing under the order (see, Horne v Horne, 22 N.Y.2d 219; Kerpen v Kerpen, 172 A.D.2d 496; O'Brien v O'Brien, 136 A.D.2d 531; Fabrizio v Fabrizio, 125 A.D.2d 634; Soltow v Soltow, 47 A.D.2d 652). The defendant husband herein submitted various canceled checks but failed to establish that they were intended to represent payments owing under the pendente lite order. None was in the court-ordered amount of $400 per week. Thus, the court properly refused to credit the husband with these voluntary payments. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.


Summaries of

Lefkow v. Lefkow

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1992
188 A.D.2d 589 (N.Y. App. Div. 1992)
Case details for

Lefkow v. Lefkow

Case Details

Full title:LISA LEFKOW, Respondent, v. PETER LEFKOW, Appellant

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

Date published: Dec 21, 1992

Citations

188 A.D.2d 589 (N.Y. App. Div. 1992)
589 N.Y.S.2d 488

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