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Moore v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 148 (N.Y. App. Div. 1985)

Opinion

July 1, 1985

Appeal from the Supreme Court, Rockland County (Reed, J.).


Order affirmed insofar as appealed from, with costs.

The maintenance and child support award was supported by evidence in the record and was not an abuse of discretion. Further, the $1,500 counsel fee award to the defendant on opening the plaintiff's default followed both a default in serving the complaint and a default in answering the defendant's motion, inter alia, for pendente lite relief. Accordingly, on all the evidence, that award was not an abuse of discretion. Moreover, the specific bills for the mortgage and utilities arrears were presented on the defendant's motion and we find no error or abuse of discretion in the directive for their payment. Any inequity in the awards under review are subject to correction by promptly moving this action for trial ( Rossman v. Rossman, 91 A.D.2d 1036). Thompson, Brown, Weinstein and Kunzeman, JJ., concur.


Summaries of

Moore v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 148 (N.Y. App. Div. 1985)
Case details for

Moore v. Moore

Case Details

Full title:JAMES MOORE, Appellant, v. SELINA MOORE, Respondent

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

Date published: Jul 1, 1985

Citations

112 A.D.2d 148 (N.Y. App. Div. 1985)

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