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Kunerth v. Kunerth

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1977
58 A.D.2d 1010 (N.Y. App. Div. 1977)

Opinion

July 12, 1977

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Cardamone, Hancock, Denman and Witmer, JJ.


Order unanimously affirmed, without costs. Memorandum: On this appeal from an order awarding temporary alimony, and containing other provisions, plaintiff requests that we increase the award of $150 per week for her and her 18-year-old son and that we reverse the directive that she return to defendant a 1974 Mercedes-Benz automobile upon defendant delivering to her "a certain 1975 Fiat automobile". The Mercedes-Benz is registered in the name of one of defendant's operating corporations. As we have so often written, parties to a matrimonial action should not waste their assets and the court's time seeking review of an order for temporary alimony. The best relief is a speedy trial, and nothing in this case justifies departure from this rule. Indeed, this appeal has unnecessarily delayed for nearly a year the trial disposition of this case (see Vesper v Vesper, 46 A.D.2d 729; Schoellkopf v Schoellkopf, 41 A.D.2d 599; Gelow v Gelow, 41 A.D.2d 556; Dobbin v Dobbin, 39 A.D.2d 836; Frost v Frost, 38 A.D.2d 786; De Gasper v De Gasper, 31 A.D.2d 886).


Summaries of

Kunerth v. Kunerth

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1977
58 A.D.2d 1010 (N.Y. App. Div. 1977)
Case details for

Kunerth v. Kunerth

Case Details

Full title:DONNA L. KUNERTH, Appellant, v. ALAN M. KUNERTH, Respondent

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

Date published: Jul 12, 1977

Citations

58 A.D.2d 1010 (N.Y. App. Div. 1977)

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