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Bandler v. Bandler

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2009
58 A.D.3d 774 (N.Y. App. Div. 2009)

Opinion

No. 2007-03103.

January 27, 2009.

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lubell, J.), dated February 16, 2007, which, inter alia, granted her motion for leave to enter a money judgment in her favor and against the defendant only to the extent of granting her leave to enter a judgment in her favor and against the defendant in the principal sum of $1,372.30.

Ephrem J. Wertenteil, New York, N.Y., for appellant.

Buonamici LaRaus, LLP, White Plains, N.Y. (Lawrence B. LaRaus of counsel), for respondent.

STEVEN W. FISHER, J.P., HOWARD MILLER, EDWARD D. CARNI, RUTH C. BALKIN, JJ.

Before: Fisher, J.P., Miller, Carni and Balkin, JJ.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly credited the defendant's child support account for the entire amount that he paid for certain mortgage-related expenses pertaining to the marital residence, pursuant to a pendente lite support order dated August 16, 2006, because the payment of the mortgage in addition to child support would have resulted in giving the plaintiff a double shelter allowance ( see Lauria v Lauria, 45 AD3d 535; Graham v Graham, 277 AD2d 423, 424; Krantz v Krantz, 175 AD2d 865, 866).

The plaintiff's remaining contentions are without merit.


Summaries of

Bandler v. Bandler

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2009
58 A.D.3d 774 (N.Y. App. Div. 2009)
Case details for

Bandler v. Bandler

Case Details

Full title:JUDITH BANDLER, Appellant, v. BRIAN BANDLER, Respondent

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

Date published: Jan 27, 2009

Citations

58 A.D.3d 774 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 486
873 N.Y.S.2d 647

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