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Havell v. Islam

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2000
273 A.D.2d 164 (N.Y. App. Div. 2000)

Opinion

June 22, 2000.

Orders, Supreme Court, New York County (Jacqueline Silbermann, J.), entered June 23 and October 26, 1999, insofar as appealed from as limited by the briefs, distributing the proceeds of sale of the parties' marital residence on certain conditions, unanimously affirmed, with costs.

Ellen Gesmer, for plaintiff-respondent.

Louis I. Newman, for defendant-appellant.

Jo Ann Douglas, for law Guardian.

Before: Rosenberger, J.P., Nardelli, Mazzarelli, Wallach, Lerner, JJ.


The motion court's pretrial distribution of the proceeds of the sale of the marital residence provides for the reasonable needs of both parties. Defendant's possible need for more money in the future was adequately addressed with the express permission given to him to ask for more money as additional assets become liquid. We reject defendant's argument that the distribution was based on criteria not specified in Domestic Relations Law § 236(B)(6). His appropriate remedy for any perceived inequity in this pendente lite award is a prompt trial (Anonymous v. Anonymous, 241 A.D.2d 353).

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


Summaries of

Havell v. Islam

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2000
273 A.D.2d 164 (N.Y. App. Div. 2000)
Case details for

Havell v. Islam

Case Details

Full title:THERESA HAVELL, PLAINTIFF-RESPONDENT, v. AFTAB ISLAM, DEFENDANT-APPELLANT

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

Date published: Jun 22, 2000

Citations

273 A.D.2d 164 (N.Y. App. Div. 2000)
710 N.Y.S.2d 51

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