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Sumner v. Sumner

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2001
289 A.D.2d 129 (N.Y. App. Div. 2001)

Opinion

5668-5669

December 18, 2001.

Order, Supreme Court, New York County (Marylin Diamond, J.), entered August 22, 2000, which, inter alia, denied defendant's motion forpendente lite support and ancillary relief, and order, same court (Jacqueline Silbermann, J.), entered April 24, 2001, which, to the extent appealed from, denied defendant's motion to modify the support provision of the August 15, 2001 pendente lite support award and declined to award attorney's fees in excess of $10,000, unanimously affirmed, without costs.

Robert Stephan Cohen, for plaintiff-respondent.

Robert G. Smith, for defendant-appellant.

Before: Lerner, J.P., Saxe, Buckley, Friedman, Marlow, JJ.


We decline to disturb the pendente lite award, there being no showing of either exigent circumstances or a failure by the motion court properly to consider the factors specified in Domestic Relations Law § 236(B)(6) and § 237(a) (see, Gad v. Gad, 283 A.D.2d 200). Ordinarily, an aggrieved party's remedy for any perceived inequities in apendente lite award is a speedy trial, and no exception is warranted here (see, Anonymous v. Anonymous, 241 A.D.2d 353). Nor did defendant establish an entitlement to counsel fees in excess of those already awarded (see, Charpie v. Charpie, 271 A.D.2d 169, 171-172.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Sumner v. Sumner

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2001
289 A.D.2d 129 (N.Y. App. Div. 2001)
Case details for

Sumner v. Sumner

Case Details

Full title:JOAN SUMNER, PLAINTIFF-RESPONDENT, v. ANTHONY SUMNER, DEFENDANT-APPELLANT

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

Date published: Dec 18, 2001

Citations

289 A.D.2d 129 (N.Y. App. Div. 2001)
733 N.Y.S.2d 869

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