Appellate Division of the Supreme Court of New York, 2004

Stein v. Stein

Stein v. Stein
Appellate Division of the Supreme Court of New York · Decided May 11, 2004
7 A.D.3d 325; 775 N.Y.S.2d 850; 2004 N.Y. App. Div. LEXIS 6691
Stein v. Stein

Opinion of the Court

Order, Supreme Court, New York County *326(Laura Visitacion-Lewis, J.), entered January 17, 2003, which granted plaintiff pendente relief in a matrimonial action, and order, same court and Justice, entered October 3, 2003, which denied defendant’s motion for a downward modification, unanimously affirmed, without costs.

Defendant fails to show either exigent circumstances or a failure by the motion court to properly consider the factors specified in Domestic Relations Law § 236 (B) (6), § 237 (a) and § 240 (1-b) (c) and (f). His remedy for any perceived inequities in the award is a prompt trial (see Anonymous v Anonymous, 241 AD2d 353 [1997]). Concur—Tom, J.P., Andrias, Saxe, Sullivan and Marlow, JJ.

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