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Demas v. Demas

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 441 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Supreme Court, Queens County (Berkowitz, J.).


Ordered that the appeal from the order dated October 30, 1985, is dismissed, as the portion of that order appealed from was superseded by the order dated January 8, 1986, made upon reargument; and it is further,

Ordered that the order dated January 8, 1986, is affirmed insofar as appealed from; and it is further,

Ordered that the defendant is awarded one bill of costs.

It is well settled that the best remedy for alleged inequities with respect to pendente lite applications is a speedy trial (see, Hildenbiddle v. Hildenbiddle, 110 A.D.2d 819, 820). Based upon a review of the record, this does not appear to be a situation of genuine need on the part of the moving party (see, Fagelbaum v. Fagelbaum, 115 A.D.2d 454). Accordingly, Special Term did not err in denying the plaintiff's request for temporary maintenance and attorney's fees. Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

Demas v. Demas

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 441 (N.Y. App. Div. 1986)
Case details for

Demas v. Demas

Case Details

Full title:NICOLE DEMAS, Appellant, v. WILLIAM DEMAS, Respondent

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

Date published: Dec 15, 1986

Citations

125 A.D.2d 441 (N.Y. App. Div. 1986)