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Becker v. Becker

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 692 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

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


Ordered that the order is modified, as a matter of discretion, by deleting therefrom the provision denying with leave to renew that branch of the defendant wife's motion which was for interim appraisal and accountant's fees and substituting therefor a provision awarding her the sum of $1,500 in interim appraisal and accountant's fees; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in awarding the defendant wife $80 per week maintenance. The pendente lite support awarded was proper to meet the defendant wife's reasonable needs for support pending trial (see, e.g., Zahr v. Zahr, 149 A.D.2d 504; Goodson v. Goodson, 135 A.D.2d 604). As has been frequently noted, the remedy for alleged inequities in a pendente lite award is an expeditious trial (see, e.g., Frankel v. Frankel, 150 A.D.2d 520; Goodson v. Goodson, supra). The defendant wife's reliance upon Purpura v. Purpura ( 123 A.D.2d 678) is misplaced, as there is no demonstration upon this record, as there was in Purpura, that prolonged discovery is probable.

Further, a review of the affidavit of an accountant submitted in support of the defendant wife's application for appraisal and accountant's fees was sufficiently detailed as to the assets to be evaluated, the services entailed, and the estimated time involved as to warrant an interim award (see, Ahern v. Ahern, 94 A.D.2d 53). In light of the defendant's wife's present inability to pay the fees and the plaintiff husband's ability to pay them, the wife is awarded $1,500. Thompson, J.P., Brown, Eiber and Balletta, JJ., concur.


Summaries of

Becker v. Becker

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 692 (N.Y. App. Div. 1990)
Case details for

Becker v. Becker

Case Details

Full title:IRWIN R. BECKER, Respondent, v. THELMA S. BECKER, Appellant

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

Date published: Jan 16, 1990

Citations

157 A.D.2d 692 (N.Y. App. Div. 1990)

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