Cohn
v.
Cohn

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentJul 10, 1995
628 N.Y.S.2d 594 (N.Y. App. Div. 1995)
628 N.Y.S.2d 594217 A.D.2d 569

July 10, 1995

Appeal from the Supreme Court, Nassau County (Brucia, J.).


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the branch of the plaintiff's cross motion which is for pendente-lite maintenance arrears is denied.

By an order dated October 5, 1992, the Supreme Court granted the branch of the plaintiff's motion which was for pendente-lite maintenance arrears that had accrued prior to her motion. The Supreme Court also ordered a hearing on the defendant's cross motion for a downward modification of the pendente-lite maintenance (see, Cohn v. Cohn, 208 A.D.2d 885). While the hearing was still pending on the defendant's cross motion, the court issued the order appealed from, which, inter alia, awarded the plaintiff additional pendente-lite maintenance arrears.

The court erred in awarding the plaintiff arrears that had accumulated after the date of the defendant's cross motion for a downward modification of pendente-lite maintenance since the correct amount of arrears cannot be determined until after the hearing on the defendant's cross motion (see, e.g., Singer v Singer, 180 A.D.2d 725; Schelter v. Schelter, 159 A.D.2d 995; McEvoy v. McEvoy, 131 A.D.2d 547; Penziner v. Penziner, 123 A.D.2d 674). Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.