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Stone v. Stone

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1988
139 A.D.2d 643 (N.Y. App. Div. 1988)

Opinion

April 18, 1988

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


Ordered that the order is modified, in the exercise of discretion, by reducing the pendente lite award to the plaintiff to a total of $1,750 per month to cover both maintenance and the responsibility to pay the existing mortgages in connection with the marital residence; as so modified, the order is affirmed, without costs or disbursements.

Although appeals from pendente lite awards of relief are generally disfavored (Lee v. Lee, 131 A.D.2d 820), in this instance it was an improvident exercise of discretion by the Supreme Court to award an amount far in excess of the alleged change in circumstances which the plaintiff set forth as the basis for her cross motion to amend the prior order of the Supreme Court, Westchester County (Martin, J.), entered March 27, 1986, which had denied her request for pendente lite maintenance and the expenses of the marital home. Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.


Summaries of

Stone v. Stone

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1988
139 A.D.2d 643 (N.Y. App. Div. 1988)
Case details for

Stone v. Stone

Case Details

Full title:HELENA STONE, Respondent, v. RICHARD STONE, Appellant

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

Date published: Apr 18, 1988

Citations

139 A.D.2d 643 (N.Y. App. Div. 1988)