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Lloyd v. McGrath

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 630 (N.Y. App. Div. 1998)

Opinion

January 26, 1998

Appeal from the Supreme Court, Suffolk County (Gazzillo, J.).


Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The court did not improvidently exercise its discretion in requiring the plaintiff to pay only $600 a week total for pendente lite maintenance and child support. The court properly considered both the financial needs of the defendant and the parties' respective financial conditions ( see, e.g., Domestic Relations Law § 236 [B] [6], [7]; Fascaldi v. Fascaldi, 186 A.D.2d 532; Chachkes v. Chachkes, 107 A.D.2d 786, 787; Van Ess v. Van Ess, 100 A.D.2d 848). The award strikes a proper balance between the reasonable needs of the defendant and the financial ability of the plaintiff to pay ( see, Salerno v. Salerno, 142 A.D.2d 670, 672), taking into account their pre-separation standard of living ( see, Ferdinand v. Ferdinand, 215 A.D.2d 350; Wagner v. Wagner, 175 A.D.2d 391), as well as the defendant's substantial assets ( see, Domestic Relations Law § 240 [1-b]; see, e.g., Van Ess v. Van Ess, 100 A.D.2d 848, supra; Dyson v. Dyson, 92 A.D.2d 857; Thea v. Thea, 75 A.D.2d 618; see also, Lapkin v. Lapkin, 208 A.D.2d 474; Nordgren v. Nordgren, 237 A.D.2d 498). Where, as here, a pendente lite award is not deficient, the proper remedy to correct any inequity is a speedy trial, where any error can be rectified on a full record, retroactive to the date of the defendant's application for pendente lite support ( see, e.g., Campanella v. Campanella, 232 A.D.2d 598; Beige v. Beige, 220 A.D.2d 636; Gianni v. Gianni, 172 A.D.2d 487; see also, Nolfo v. Nolfo, 188 A.D.2d 451; cf., Bernstein v. Bernstein, 213 A.D.2d 508; Byer v. Byer, 199 A.D.2d 298; Polito v. Polito, 168 A.D.2d 440).

The defendant's remaining contentions are without merit.

Ritter, J.P., Altman, Friedmann and Luciano, JJ., concur.


Summaries of

Lloyd v. McGrath

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 630 (N.Y. App. Div. 1998)
Case details for

Lloyd v. McGrath

Case Details

Full title:JAMES LLOYD, Respondent-Appellant, v. GRACE C. McGRATH…

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

Date published: Jan 26, 1998

Citations

246 A.D.2d 630 (N.Y. App. Div. 1998)
668 N.Y.S.2d 226

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