Carmel Malkin v. Roger Malkin - Supreme Court of New York

Carmel Malkin v. Roger Malkin

By Supreme Court of New York

  • Release Date - Published: 1994-01-13
  • Book Genre: Law
  • Author: Supreme Court of New York
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Carmel Malkin v. Roger Malkin Supreme Court of New York read online review & book description:

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered July 9, 1992, which, inter alia, granted plaintiff wife temporary maintenance of $2500 a week tax free, unanimously modified, on the law, the facts and in the exercise of discretion, to vacate so much of the award of maintenance on all tax-free basis and the order is otherwise affirmed, without costs. While the appropriate remedy for review of pendente lite awards in a matrimonial actions is a speedy trial, which, in this case, had already been scheduled to start by the time the appeal was heard, the award of maintenance on a tax-free basis was an improvident exercise of discretion under the circumstances of this case, and we accordingly vacate that provision of the pendente lite award (cf., Lasry v. Lasry, 180 A.D.2d 488, 489, 579 N.Y.S.2d 393).

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