AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

WILLIAM N. McKEE, JR., Respondent, v. MARJORIE McKEE, Appellant.

In a divorce action, the defendant wife appeals from so much of an order of the Supreme Court, Nassau County (Kelly, J.), dated January 5, 1983, as denied that branch of her motion which sought an award of temporary maintenance. Order reversed insofar as appealed from, without costs or disbursements, and that branch of defendant's motion which sought an award of temporary maintenance is granted to the extent that the plaintiff is directed to pay defendant $400 per week in temporary maintenance and is directed to pay all of the carrying charges on the marital residence including the mortgage, real estate taxes, insurance and utilities. In view of the length of the marriage, the high marital standard of living, and the husband's earning potential and assets, it was an abuse of discretion to deny defendant an award of temporary maintenance. Although, as a general rule, an expeditious trial is the most effective remedy for any claimed inequity in an award of maintenance pendente lite (see Ellenis v Ellenis, 76 A.D.2d 880), the affidavits submitted by the parties indicate a genuine need therefor (see Jorgensen v Jorgensen, 86 A.D.2d 881). In view of the limited nature of the notice of appeal, we have not considered the issue of counsel fees. Lazer, J.P., Mangano, Gulotta and Niehoff, JJ., concur.

Use AI to get other relevant cases.

Comments

McKEE v. McKEE
(Jul 11, 1983)