From Casetext: Smarter Legal Research

Hrisikos v. Hrisikos

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1989
155 A.D.2d 417 (N.Y. App. Div. 1989)

Opinion

November 6, 1989

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


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

The plaintiff husband, the 50% owner of an apparently successful furniture business, asserts that his "salary" as "foreman" of that business will be exhausted by the temporary maintenance and child support awards made by Supreme Court, to which it adhered on reargument. However, while the contradictory affidavits shed little probative light on the total amount of the plaintiff's earnings, the family life-style and his present life-style indicate that his income is in excess of that alleged by him (see, Basch v Basch, 114 A.D.2d 829) and we discern no basis for substituting our discretion for that of the Supreme Court (see, Romanoff v Romanoff, 111 A.D.2d 158). Under the circumstances, the most effective remedy for resolution of the disputed issues of financial capacity and standard of living is a speedy trial (Basch v Basch, supra; Romanoff v Romanoff, supra). Kunzeman, J.P., Rubin, Harwood and Balletta, JJ., concur.


Summaries of

Hrisikos v. Hrisikos

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1989
155 A.D.2d 417 (N.Y. App. Div. 1989)
Case details for

Hrisikos v. Hrisikos

Case Details

Full title:VASILIOS HRISIKOS, Appellant, v. DIMITRA HRISIKOS, Respondent

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

Date published: Nov 6, 1989

Citations

155 A.D.2d 417 (N.Y. App. Div. 1989)

Citing Cases

Kesten v. Kesten

The purpose of an award of pendente lite relief is to "`tide over the more needy party, not to determine the…

Katzenberg v. Katzenberg

Although the defendant contends that he lacks the financial means to comply with the court's order, the…