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Richards v. Richards

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 642 (N.Y. App. Div. 1987)

Opinion

May 18, 1987

Appeal from the Supreme Court, Westchester County (Slifkin, J.).


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

Although the defendant contends that Special Term's award of temporary maintenance and child support is excessive, we conclude that under the circumstances of the instant case the award is appropriate. In determining the amount of the award, Special Term arrived at an accommodation between the reasonable needs of the plaintiff and the defendant's ability to provide for those needs (see, Stern v. Stern, 106 A.D.2d 631).

With respect to the award of exclusive possession of the marital residence to the plaintiff, as the record indicates that the wife was issued a temporary order of protection, and, on at least one occasion, the police were called upon to intervene in a dispute between the parties, the necessity for this directive is evident (see, Hite v. Hite, 89 A.D.2d 577). Mangano, J.P., Bracken, Lawrence and Kooper, JJ., concur.


Summaries of

Richards v. Richards

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 642 (N.Y. App. Div. 1987)
Case details for

Richards v. Richards

Case Details

Full title:KAREN RICHARDS, Respondent, v. JAMES RICHARDS, Appellant

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

Date published: May 18, 1987

Citations

130 A.D.2d 642 (N.Y. App. Div. 1987)

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