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Leinwand v. Leinwand

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1994
203 A.D.2d 210 (N.Y. App. Div. 1994)

Opinion

April 28, 1994

Appeal from the Supreme Court, New York County (David B. Saxe, J.).


The IAS Court has broad latitude with respect to issuing pendente lite orders, and the assessment of the demeanor and credibility of the witnesses by the Referee and the court should be accorded great deference (Eschbach v Eschbach, 56 N.Y.2d 167, 173-174). Since the record amply supports the Referee's findings, the court appropriately confirmed, in significant part, the recommendations of the Referee. Moreover, the court did not abuse its discretion in determining that plaintiff was compelled to incur the specified legal costs in defending against her husband's bad faith attempt to modify an interim order of visitation to which he had previously agreed (see, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881).

Concur — Rosenberger, J.P., Ross, Rubin, Nardelli and Tom, JJ.


Summaries of

Leinwand v. Leinwand

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1994
203 A.D.2d 210 (N.Y. App. Div. 1994)
Case details for

Leinwand v. Leinwand

Case Details

Full title:JESSICA LEINWAND, Respondent, v. HARRIS LEINWAND, Appellant

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

Date published: Apr 28, 1994

Citations

203 A.D.2d 210 (N.Y. App. Div. 1994)
612 N.Y.S.2d 854

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