Wells v. Wells

Order unanimously affirmed without costs. Memorandum: We reject the contention of defendant that Supreme Court erred in summarily denying his cross motion for a downward modification of maintenance. The conclusory and unsubstantiated allegations of defendant that there is a substantial change of circumstances based on plaintiffs increase in income and his early retirement do not require a hearing (see, Martin v Martin, 194 AD2d 769, 770; Schnoor v Schnoor, 189 AD2d 809, 810; Nordhauser v Nordhauser, 130 AD2d 561, 562). At the time of the divorce, plaintiff was a housewife who had not worked…