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Moshy v. Moshy

Appellate Division of the Supreme Court of New York, First Department
May 7, 1996
227 A.D.2d 182 (N.Y. App. Div. 1996)

Opinion

May 7, 1996

Appeal from the Supreme Court, New York County (David Saxe, J.).


The appropriate remedy for any perceived inequities in a pendente lite award is a prompt trial where the facts may be examined in far greater detail and where a more accurate appraisal of the financial situations of the parties may be obtained ( Sayer v. Sayer, 130 A.D.2d 407, 407-408). While there may be uncertainty here as to whether plaintiff-husband's income from a successful family business is limited, as he claims, to his reported salary, this pendente lite award cannot be found to be so onerous as to deprive plaintiff of income and assets necessary to meet his own expenses. Plaintiff's motion for renewal was properly denied since the "new evidence" which was submitted was not in evidentiary form and consisted of double hearsay. Plaintiff's remaining contentions are without merit.

Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Mazzarelli, JJ.


Summaries of

Moshy v. Moshy

Appellate Division of the Supreme Court of New York, First Department
May 7, 1996
227 A.D.2d 182 (N.Y. App. Div. 1996)
Case details for

Moshy v. Moshy

Case Details

Full title:FRED MOSHY, Appellant, v. DIANA MOSHY, Respondent

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

Date published: May 7, 1996

Citations

227 A.D.2d 182 (N.Y. App. Div. 1996)
642 N.Y.S.2d 5

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