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Schraub v. Schraub

Supreme Court, Appellate Division, First Department, New York.
Jun 27, 2013
107 A.D.3d 640 (N.Y. App. Div. 2013)

Opinion

2013-06-27

Raquel SCHRAUB, Plaintiff–Respondent, v. Howard SCHRAUB, Defendant–Appellant.


William S. Beslow, New York, for appellant.

Order, Supreme Court, New York County (Ellen Gesmer, J.), entered on or about December 12, 2012, which, among other things, declared defendant husband guilty of contempt for failing to pay support arrears, unanimously affirmed, with costs.

Defendant's bare, conclusory assertion of his inability to pay the support obligation was insufficient to warrant a hearing ( Farkas v. Farkas, 209 A.D.2d 316, 317–318, 618 N.Y.S.2d 787 [1st Dept. 1994] ). Although given ample opportunity by way of a briefing schedule set by the court, defendant failed to cross-move for a downward modification, submit an affidavit setting forth his alleged inability to pay, or oppose plaintiff's motion by requesting a hearing on his inability to pay. Thus, defendant failed to raise any issue of fact requiring a hearing on his alleged inability to pay ( id.).

TOM, J.P., MAZZARELLI, MOSKOWITZ, GISCHE, JJ., concur.


Summaries of

Schraub v. Schraub

Supreme Court, Appellate Division, First Department, New York.
Jun 27, 2013
107 A.D.3d 640 (N.Y. App. Div. 2013)
Case details for

Schraub v. Schraub

Case Details

Full title:Raquel SCHRAUB, Plaintiff–Respondent, v. Howard SCHRAUB…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 27, 2013

Citations

107 A.D.3d 640 (N.Y. App. Div. 2013)
967 N.Y.S.2d 649
2013 N.Y. Slip Op. 4904