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Gad v. Gad

Appellate Division of the Supreme Court of New York, First Department
May 8, 2001
283 A.D.2d 200 (N.Y. App. Div. 2001)

Opinion

May 8, 2001.

Order, Supreme Court, New York County (Marjory Fields, J.), entered on or about January 9, 2001, which directed defendant to pay plaintiff, inter alia, $8000 a month for temporary maintenance and $25,000 for interim counsel fees, unanimously affirmed, without costs.

Jay R. Butterman, for plaintiff-respondent.

Elayne Kesselman, for defendant-appellant.

Before: Sullivan, P.J., Williams, Mazzarelli, Wallach, Rubin, JJ.


We decline to disturb the award, there being no showing of either exigent circumstances or a failure by the motion court to properly consider the factors specified in Domestic Relations Law § 236(B)(6) and § 237(a). Traditionally, an aggrieved party's remedy for any perceived inequities in the award has been a speedy trial (see, Anonymous v. Anonymous, 241 A.D.2d 353; Charpie' v. Charpie', 271 A.D.2d 169, 171-172). Nowadays, if a pendente lite award is found at trial to be excessive, the court can remedy the inequity by appropriate adjustment in the equitable distribution award.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Gad v. Gad

Appellate Division of the Supreme Court of New York, First Department
May 8, 2001
283 A.D.2d 200 (N.Y. App. Div. 2001)
Case details for

Gad v. Gad

Case Details

Full title:GILA GAD, PLAINTIFF-RESPONDENT, v. ARIE GAD, DEFENDANT-APPELLANT

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

Date published: May 8, 2001

Citations

283 A.D.2d 200 (N.Y. App. Div. 2001)
724 N.Y.S.2d 305

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