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Greenfield v. Greenfield

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 592 (N.Y. App. Div. 1991)

Opinion

May 20, 1991

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


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff wife's claims, we find that the court acted within its discretion in declining to award her temporary maintenance. The record reveals that, at the time of the application, the wife was the part owner of a business and the husband, who had worked at that business prior to the separation, was not regularly employed. Because of the wife's superior financial resources, the court correctly determined that an award of temporary maintenance was not necessary (see, Friedman v Friedman, 163 A.D.2d 461; Salerno v Salerno, 142 A.D.2d 670; LoMuscio-Hamparian v Hamparian, 137 A.D.2d 500; Stern v Stern, 106 A.D.2d 631).

For similar reasons, the court correctly declined to direct the husband to pay the carrying charges on the marital residence, provide medical or dental insurance, or pay for unreimbursed medical expenses. We note that the best remedy for any inequities in pendente lite orders is a speedy trial (see, Bernstein v Bernstein, 143 A.D.2d 168; Gastineau v Gastineau, 127 A.D.2d 629). Kunzeman, J.P., Balletta, Miller and O'Brien, JJ., concur.


Summaries of

Greenfield v. Greenfield

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 592 (N.Y. App. Div. 1991)
Case details for

Greenfield v. Greenfield

Case Details

Full title:CAROL GREENFIELD, Appellant, v. ROBERT GREENFIELD, Respondent

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

Date published: May 20, 1991

Citations

173 A.D.2d 592 (N.Y. App. Div. 1991)

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