[Download] "Marie Polito v. Frank Polito" by Supreme Court of New York # Book PDF Kindle ePub Free

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Title: Marie Polito v. Frank Polito
Author : Supreme Court of New York
Release Date : January 03, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

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DECISION & ORDER The plaintiff wife and the defendant husband were married in 1965 and have two daughters, the younger
of whom turned 18 years old during the pendency of this appeal. The plaintiff has been a homemaker since the inception of
the marriage. The defendant is sole shareholder of a corporation which operates a bakery, and although the defendant's reported
"wages" from the bakery business are less than $25,000 per year, the parties' assets and standard of living suggest that the
defendant's income is substantially in excess of that alleged by him (cf., Basch v Basch, 114 A.D.2d 829). The parties have
acquired over $100,000 in savings set aside for their daughters, a parcel of rent-producing property, jewelry and art. Moreover,
in 1987, a vehicle was purchased for over $20,000 in cash. As we have repeatedly noted, pendente lite awards should be an accommodation between the reasonable needs of the moving spouse
and the financial ability of the other spouse (see, Shapiro v Shapiro, A.D.2d [2d Dept., July 2, 1990]; Salerno v Salerno,
142 A.D.2d 670, 672) and are to be determined with due regard for the preseparation standard of living (see, Salerno v Salerno,
supra; cf., Zahr v Zahr, 149 A.D.2d 504; Van Ess v Van Ess, 100 A.D.2d 848). Moreover, although generally the best remedy
for any claimed inequity in a temporary award is a speedy trial (see, Cohen v Cohen, 129 A.D.2d 550; see also Basch v Basch,
supra), the rule is "not ironclad when the award is deficient" (Bernstein v Bernstein, 143 A.D.2d 168, 169).