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Perelman v. Perelman

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 629 (N.Y. App. Div. 1985)

Opinion

April 1, 1985

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Order affirmed, insofar as appealed from, with costs.

Generally, the most effective remedy for an alleged inequity in an award of maintenance and child support pendente lite is a speedy trial, where the disputed issues as to financial capacity and standard of living can be determined ( see, Fitzgibbon v Fitzgibbon, 74 A.D.2d 818). We note that defendant husband's net earnings as a professional musician on weekends cannot be determined from the record.

Similarly, in view of the unsupported affidavits of both parties, the issue of exclusive possession of the marital residence and the need for a protective order must await the trial. Plaintiff's proof in support of her pendente lite motion does not make a sufficient showing to justify a hearing on this issue. Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.


Summaries of

Perelman v. Perelman

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 629 (N.Y. App. Div. 1985)
Case details for

Perelman v. Perelman

Case Details

Full title:GAIL PERELMAN, Appellant, v. JEROME N. PERELMAN, Respondent

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

Date published: Apr 1, 1985

Citations

110 A.D.2d 629 (N.Y. App. Div. 1985)

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