Appellate Division of the Supreme Court of New York, 2011

Strauss v. Saadatmand

Appellate Division of the Supreme Court of New York · Decided November 1, 2011

89 A.D.3d 415; 931 N.Y.2d 611

Cases that cite this one

4 later published cases cite this decision.

Murray v. Rashid (Appellate Division of the Supreme Court of New York 2022)
Souyun Lee v. Wei-Yeh Lee (Appellate Division of the Supreme Court of New York 2016)
Karg v. Kern (Appellate Division of the Supreme Court of New York 2015)
Donnelly v. Gur-Arie (Appellate Division of the Supreme Court of New York 2012)

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

*416We decline to disturb the pendente lite award. There is no showing of either exigent circumstances or a failure by Supreme Court to consider the appropriate factors, such as the parties’ respective incomes and their preseparation standard of living (see Mimran v Mimran, 83 AD3d 550, 550 [2011]; Ayoub v Ayoub, 63 AD3d 493, 497 [2009], appeal dismissed 14 NY3d 921 [2010]). The record does not support defendant’s contention that plaintiffs property assets constituted part of her compensation during the marriage (compare Isaacs v Isaacs, 246 AD2d 428, 428-429 [1998]).

Supreme Court providently exercised its discretion in denying defendant’s request for sanctions. Plaintiffs commencement of this action in New York does not constitute frivolous conduct (see 22 NYCRR 130-1.1; Granato v Granato, 51 AD3d 589, 590 [2008]).

We have considered defendant’s remaining contentions and find them unavailing. Concur — Gonzalez, EJ., Tom, Sweeny, Renwick and Román, JJ.

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