Abitbol v. Abitbol

We discern no abuse of discretion in conditioning the defendant husband’s application for a downward modification of alimony on his placing $20,000 into escrow to secure the claim by plaintiff’s attorney for counsel fees and agree with the IAS court that defendant’s showing of a change in circumstances warranting a reduction in support was insubstantial at best. The burden of adducing facts establishing a substantial change in circumstances was on defendant, and absent such a showing, summary denial of the application would have been proper (see, Mitchell v Mitchell, 170 AD2d 585). It could…