Leibowits v. Leibowits

O’Connor, J. (concurring).

Defendant husband questions Special Term’s authority to issue a restraining order in protecting marital property pending equitable distribution in an action to dissolve his marriage to plaintiff. I conclude that section 234 of the Domestic Relations Law, which provides for pendente lite orders changing possession of property as between spouses, empowers the court in certain circumstances to restrain acts prejudicial to a spouse’s equitable distribution expectancy without strict compliance with the procedural requirements for injunctive relief under CPLR article 63.…