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Polley v. Polley

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1978
62 A.D.2d 986 (N.Y. App. Div. 1978)

Opinion

April 3, 1978


In a matrimonial action, the defendant husband appeals from so much of a resettled order of the Supreme Court, Westchester County, dated September 9, 1977, as awarded temporary alimony to the plaintiff wife in the amount of $500 per week, retroactive to June 17, 1977. Order reversed insofar as appealed from, without costs or disbursements, and motion for temporary alimony referred to the trial court for determination. In view of the photographic evidence in the record, which strongly indicates that plaintiff may have been guilty of adultery, Special Term improvidently exercised its discretion in granting an award of temporary alimony without first resolving the factual issues surrounding the photograph and the circumstances under which it was taken. This can best be accomplished at the trial where, if the trier of the facts credits the evidence of the wife's adultery, a retroactive award of temporary alimony will be barred (see Nobel v Nobel, 49 A.D.2d 850; see, also, Domestic Relations Law, § 236). If her explanation is credited, such an award may be made. Martuscello, J.P., Damiani, Suozzi, Gulotta and O'Connor, JJ., concur.


Summaries of

Polley v. Polley

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1978
62 A.D.2d 986 (N.Y. App. Div. 1978)
Case details for

Polley v. Polley

Case Details

Full title:ARDITH POLLEY, Respondent, v. STANLEY POLLEY, Appellant

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

Date published: Apr 3, 1978

Citations

62 A.D.2d 986 (N.Y. App. Div. 1978)

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