From Casetext: Smarter Legal Research

Nayar v. Nayar

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1996
225 A.D.2d 370 (N.Y. App. Div. 1996)

Opinion

March 12, 1996

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


The award of temporary maintenance was properly based upon the statutory factors (Domestic Relations Law § 236 [B] [6]), taking into account plaintiff's reasonable needs, defendant's financial ability, the parties' prior lavish standard of living, and the great discrepancy between their financial positions ( see, Baker v Baker, 120 A.D.2d 374; Lasry v Lasry, 180 A.D.2d 488). It was also within the court's discretion to award interim counsel fees (Domestic Relations Law § 237 [a]), without a showing of need or requiring that plaintiff dispose of her only assets ( see, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881). The court also properly considered statutory calculations as well as factors permitting a deviation therefrom (Domestic Relations Law § 240 [1-b] [c], [f]) in awarding interim child support ( see, Matter of Commissioner of Social Servs. of City of N.Y. v Raymond S., 180 A.D.2d 510). While defendant contends that the total award exceeds his monthly income, the record reveals substantial understatement of income. To the extent any inequities may exist, defendant's remedy is to proceed to a speedy trial ( see, Hills v Hills, 182 A.D.2d 584).

Concur — Wallach, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Nayar v. Nayar

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1996
225 A.D.2d 370 (N.Y. App. Div. 1996)
Case details for

Nayar v. Nayar

Case Details

Full title:ANITA NAYAR, Respondent, v. RAJIV NAYAR, Appellant

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

Date published: Mar 12, 1996

Citations

225 A.D.2d 370 (N.Y. App. Div. 1996)
638 N.Y.S.2d 647

Citing Cases

Matter of Iarocci v. Michaelson

Appeal from the Supreme Court, New York County (Sherry Klein Heitler, J.). The awards of interim attorneys'…

Matisoff v. Dobi

As stated by the Court of Appeals in O'Brien: "[A]n interest in a profession or professional career potential…