Bourne v. Bourne

2 Citing cases

  1. Wald v. Wald

    44 A.D.3d 848 (N.Y. App. Div. 2007)   Cited 32 times

    Under the circumstances of this case, that denial was an improvident exercise of discretion. The wife is entitled to a pendente lite award of $1,750 per month in combined maintenance and child support, over and above the amount of the guardianship budget, retroactive to February 9, 2006, the date of the wife's order to show cause seeking such relief (see Bourne v Bourne, 237 AD2d 317, 318; Bernstein v Bernstein, 143 AD2d 168, 169-170; see also Domestic Relations Law ยง 236 [

  2. Arrigo v. Arrigo

    38 A.D.3d 807 (N.Y. App. Div. 2007)   Cited 13 times

    Furthermore, he received a distributive award of 25% of the marital assets. Thus, the court properly denied him an award of maintenance ( cf. Wexler v Wexler, 34 AD3d 458; Keane v Keane, supra; Bourne v Bourne, 237 AD2d 317). The husband's remaining contention regarding enforcement of an alleged agreement dated May 14, 1996 is not properly before us as he raises it for the first time on appeal ( see McNamee Constr. Corp. v City of New Rochelle, 29 AD3d 544).