Legal Opinion

Fox v. Fox

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 2003PublishedCited by 2 opinions

1Opinion of the Court

—Mercure, J.

Appeals from two orders of the Supreme Court (Ceresia, Jr., J.), entered March 11, 2002 and December 11, 2002 in Rensselaer County, which, inter alia, denied defendant’s motions for recoupment of temporary maintenance payments.

On defendant’s prior appeal, this Court reduced an award to plaintiff of temporary maintenance from $6,033 per month to $4,000 per month (290 AD2d 749, 750 [2002]).* In a cross motion and subsequent motion before Supreme Court, defendant sought reimbursement and recoupment of $38,167.94, the amount of temporary maintenance he claims to have overpaid. Supreme…

2Cases cited11 opinions

  1. Baraby v. BarabyAppellate Division of the Supreme Court of the State of New York · 1998
  2. De Ruzzio v. De RuzzioAppellate Division of the Supreme Court of the State of New York · 2001
  3. Rosenberg v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1973
  4. Grossman v. OstrowAppellate Division of the Supreme Court of the State of New York · 1970
  5. Jack v. JackAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by2 opinions

  1. Johnson v. ChapinNew York Court of Appeals · 2009
  2. Arcabascio v. ArcabascioAppellate Division of the Supreme Court of the State of New York · 2008

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