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West v. West

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 539 (N.Y. App. Div. 1985)

Opinion

December 9, 1985

Appeal from the Supreme Court, New York County (Shorter, J.).


Cross appeals from the order dated October 23, 1984 dismissed, without costs or disbursements. That order was superseded by the order made upon reargument.

Order dated February 1, 1985 modified by adding thereto a provision that the original determination is modified (1) by requiring that the insurance defendant was directed to maintain is for plaintiff and the unemancipated child of the marriage, (2) by increasing the award of pendente lite maintenance to $1,000 per week and (3) by reducing the award of pendente lite child support to $200 per week, with leave to plaintiff to apply for an increase should defendant cease paying the college expenses for the parties' unemancipated child. As so modified, said order affirmed, insofar as appealed from and reviewed, without costs or disbursements.

Special Term improperly directed defendant to maintain insurance for the parties' "children"; since only one child is unemancipated, the direction should have been limited to that child. Furthermore, while we discourage appeals from pendente lite awards, upon our review of the record we conclude that the awards as modified are more appropriate. Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.


Summaries of

West v. West

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 539 (N.Y. App. Div. 1985)
Case details for

West v. West

Case Details

Full title:ELINORE WEST, Appellant-Respondent, v. CHARLES WEST, Respondent-Appellant

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

Date published: Dec 9, 1985

Citations

115 A.D.2d 539 (N.Y. App. Div. 1985)

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