Appellate Division of the Supreme Court of New York, 2003

Galvano v. Galvano

Galvano v. Galvano
Appellate Division of the Supreme Court of New York · Decided March 11, 2003
303 A.D.2d 206; 755 N.Y.S.2d 599; 2003 N.Y. App. Div. LEXIS 2395
Galvano v. Galvano

Opinion of the Court

Order, Supreme Court, New York County (Marjory Fields, J.), entered January 31, 2002, which, inter alia, granted plaintiff wife’s motion for an upward modification of pendente lite maintenance, unanimously affirmed, without costs.

Plaintiff wife made a sufficient showing of a substantial change of circumstances to warrant the upward modification directed by the motion court (see Domestic Relations Law § 236 [B] [9] [b]). If the award is found at trial to be excessive, the court can remedy the inequity by appropriate adjustment in the equitable distribution award (see Gad v Gad, 283 AD2d 200 [2001]). Concur — Saxe, J.P., Sullivan, Ellerin, Lerner and Gonzalez, JJ.

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