Appellate Division of the Supreme Court of New York, 2002

Johnson v. Chapin

Appellate Division of the Supreme Court of New York · Decided November 26, 2002

299 A.D.2d 294; 749 N.Y.S.2d 723; 2002 N.Y. App. Div. LEXIS 11541

Cases that cite this one

2 later published cases cite this decision.

Zappin v. Comfort (Appellate Division of the Supreme Court of New York 2017)
Zappin v. Comfort (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (Marjory Fields, J.), entered May 16, 2002, which, in this matrimonial action, granted, in part, plaintiff’s motion for pendente lite relief, unanimously affirmed, with costs.

Defendant has not demonstrated any basis for affording him *295relief from the interim award. Indeed, the motion court, when confronted with defendant’s apparently self-created unemployment and questionable claim of limited future earnings, was warranted in imputing income to him on the basis of his past earnings and earning capacity (see Kent v Kent, 291 AD2d 258, 259).

We have considered defendant’s various arguments and find them all unavailing. Concur — Mazzarelli, J.P., Rosenberger, Rubin and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.