From Casetext: Smarter Legal Research

Ardito v. Ardito

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1983
97 A.D.2d 830 (N.Y. App. Div. 1983)

Opinion

November 28, 1983


In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Nassau County (Christ, J.), entered January 13, 1983, which denied his motion for downward modification of his alimony obligation under a judgment of divorce and directed that plaintiff pay defendant the sum of $1,500 for counsel fees. Order affirmed, with costs. The subject proceeding constitutes plaintiff's fourth attempt in the New York courts, since his divorce, to decrease his alimony obligation. Plaintiff also had initiated one or two similar proceedings in Florida. Plaintiff's claims herein mirror those of the prior petitions, which have been found meritless. As such, plaintiff has failed to demonstrate an unforeseen, substantial change in circumstances sufficient to warrant a downward modification of the alimony award. Nor does he present any issue of fact requiring resolution at trial ( Brody v Brody, 22 A.D.2d 646, affd 19 N.Y.2d 790; Jaworsky v Jaworsky, 87 A.D.2d 622). In light of the relative financial circumstances of the parties and plaintiff's campaign of legal harassment waged against defendant, Special Term did not abuse its discretion in granting defendant $1,500 for counsel fees, without a hearing (see Stern v Stern, 67 A.D.2d 253; Mulligan v Mulligan, 79 A.D.2d 721). Bracken, J.P., Brown, Niehoff and Boyers, JJ., concur.


Summaries of

Ardito v. Ardito

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1983
97 A.D.2d 830 (N.Y. App. Div. 1983)
Case details for

Ardito v. Ardito

Case Details

Full title:JOSEPH N. ARDITO, Appellant, v. JOAN ARDITO, Respondent

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

Date published: Nov 28, 1983

Citations

97 A.D.2d 830 (N.Y. App. Div. 1983)

Citing Cases

Vant v. Vant

Ordered that the order is affirmed, with costs. In order to be entitled to a modification of alimony, the…

Sypek v. Sypek

If he fails to do so, the wife may submit a proposed judgment for arrears. Lastly, because the husband has,…