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Wolfe v. Wolfe

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 809 (N.Y. App. Div. 1985)

Opinion

June 10, 1985

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


Order modified, on the law, by deleting the provision thereof which directed defendant "to continue to pay the expenses that he is presently paying", and substituting therefor a provision requiring defendant to continue to pay the loan, insurance and repair bills on the automobile driven by plaintiff, and to continue making health insurance payments on behalf of the plaintiff and infant issue. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

While we agree with Special Term that defendant should continue paying the expenses he has been paying, the court should have set forth those expenses specifically. The pendente lite award of maintenance and child support was based on the reasonable needs of plaintiff and the parties' infant son ( Jorgensen v Jorgensen, 86 A.D.2d 861). Exclusion of the defendant husband from the marital residence is not unjustified considering the domestic strife his presence has often caused there. Moreover, in December 1983, defendant voluntarily established an alternative residence for himself ( see, Rauch v. Rauch, 83 A.D.2d 847, 848).

Further, discovery by an accounting expert is essential under the circumstances presented, and the award of $1,500 for such services was entirely proper (Domestic Relations Law § 237 [c]). The husband listed as "[u]nknown" the value of his interests in several corporate enterprises ( Endes v. Endes, 88 A.D.2d 652) and plaintiff met the criteria for such an award outlined by this court in Ahern v. Ahern ( 94 A.D.2d 53). Defendant's remedy for any claimed inequities of this pendente lite award is a speedy trial, wherein a more detailed examination of the circumstances of the parties may be had ( Rossman v. Rossman, 91 A.D.2d 1036). Mollen, P.J., Rubin, Lawrence and Kunzeman, JJ., concur.


Summaries of

Wolfe v. Wolfe

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 809 (N.Y. App. Div. 1985)
Case details for

Wolfe v. Wolfe

Case Details

Full title:SALLY WOLFE, Respondent, v. DANIEL E. WOLFE, JR., Appellant

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 809 (N.Y. App. Div. 1985)

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