Appellate Division of the Supreme Court of New York, 1965

Brody v. Brody

Brody v. Brody
Appellate Division of the Supreme Court of New York · Decided November 15, 1965
24 A.D.2d 878; 264 N.Y.S.2d 1013; 1965 N.Y. App. Div. LEXIS 3012
Brody v. Brody

Opinion of the Court

In a separation action, defendant appeals from an order of the Supreme Court, Westchester County, entered June 7, 1965, insofar as it directs him to pay as *879alimony pendente lite, in addition to $700 per month, all the carrying charges upon the marital residence, including mortgage payments, taxes, insurance, repairs and maintenance, which latter includes fuel oil, gas and electricity, gardener’s and water bills. Order modified, without costs, by striking out the third ordering paragraph except insofar as it directs defendant to make the mortgage payments upon the present residence of the plaintiff and the children of the parties. As so modified, order, insofar as appealed from, affirmed, without costs. In our opinion, Special Term’s direction that defendant pay the other carrying charges, in addition to $700 per month for the support and maintenance of plaintiff and the three children of the parties, was excessive to the extent indicated. Beldoek, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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