Appellate Division of the Supreme Court of New York, 1983

De Pasquale v. De Pasquale

De Pasquale v. De Pasquale
Appellate Division of the Supreme Court of New York · Decided March 28, 1983
92 A.D.2d 929; 460 N.Y.S.2d 740; 1983 N.Y. App. Div. LEXIS 17337
De Pasquale v. De Pasquale

Opinion of the Court

— In a matrimonial action, the defendant husband appeals from so much of an order of the Supreme Court, Westchester County (Ruskin, J.), entered August 30,1982, as directed him to continue to pay carrying charges for the upkeep of the marital residence and $100 per week for the support and maintenance of the plaintiff wife and the parties’ children, and as denied defendant’s cross motion for partial summary judgment. Order affirmed, insofar as appealed from, with $50 costs and disbursements. Under the circumstances of this case, Special Term did not abuse its discretion in ordering a continuance of the defendant’s payment of $100 per week for support of his wife and children plus *930the carrying charges for the upkeep of the marital home. We also find there are triable issues of fact with reference to the New Hampshire property. Mollen, P. J., Lazer, Weinstein and Rubin, JJ., concur.

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