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Marksohn v. Marksohn

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1993
198 A.D.2d 70 (N.Y. App. Div. 1993)

Opinion

November 9, 1993

Appeal from the Supreme Court, New York County (David Saxe, J.).


The IAS Court properly considered the factors enumerated in Domestic Relations Law § 236 (B) (6) and § 240 (1-b) in awarding $650 a week maintenance and $685 a week child support. Plaintiff's remedy for any inequities in the award is a prompt trial (Corsini v Corsini, 178 A.D.2d 356). Although the documentation submitted in support of the requested counsel fee was less than complete, the anticipated discovery with regard to plaintiff's holdings in several closely-held businesses, including the necessary review of accountant and appraiser reports, adequately supported counsel's belief that significant fees would be incurred, thereby serving as a basis for the award (Domestic Relations Law § 237; see, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879). Since plaintiff failed to show good cause for failure to apply for relief from the order directing payment (Domestic Relations Law § 244), and provided evidence of his payment of only a small portion of the amount due, with which he was credited, the judgment for arrears was appropriate.

We have considered plaintiff's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Ross and Nardelli, JJ.


Summaries of

Marksohn v. Marksohn

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1993
198 A.D.2d 70 (N.Y. App. Div. 1993)
Case details for

Marksohn v. Marksohn

Case Details

Full title:STEVEN B. MARKSOHN, Appellant, v. BAMBI L.A. MARKSOHN, Respondent

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

Date published: Nov 9, 1993

Citations

198 A.D.2d 70 (N.Y. App. Div. 1993)
603 N.Y.S.2d 445

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