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Isham v. Isham

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1986
123 A.D.2d 742 (N.Y. App. Div. 1986)

Opinion

October 20, 1986

Appeal from the Supreme Court, Suffolk County (Geiler, J.).


Justice Weinstein has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).

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

Contrary to the defendant's assertions, Special Term did not abuse its discretion in awarding the plaintiff maintenance pendente lite in the sum of $250 per week as well as child support pendente lite of $100 per week for the parties' infant son. Due consideration was given to the plaintiff's needs as well as the defendant's ability to provide for those needs (see, Chosed v Chosed, 116 A.D.2d 690; Van Ess v Van Ess, 100 A.D.2d 848). The provisions of the Domestic Relations Law which pertain to pendente lite relief are merely intended to "tide over the more needy party, not to determine the correct ultimate distribution" (see, Yecies v Yecies, 108 A.D.2d 813, 814). Moreover, the remedy for any alleged inequities in an award of pendente lite support is, of course, a speedy trial (see, Jorgensen v Jorgensen, 86 A.D.2d 861).

The defendant's remaining contentions have been examined and have been found to be without merit. Thompson, J.P., Weinstein, Eiber and Spatt, JJ., concur.


Summaries of

Isham v. Isham

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1986
123 A.D.2d 742 (N.Y. App. Div. 1986)
Case details for

Isham v. Isham

Case Details

Full title:LORRAINE ISHAM, Respondent, v. ROBERT K. ISHAM, Appellant

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

Date published: Oct 20, 1986

Citations

123 A.D.2d 742 (N.Y. App. Div. 1986)

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