Legal Opinion

McDermott v. McDermott

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

Decided February 17, 2004PublishedCited by 3 opinions

1Opinion of the Court

an action for a divorce and ancillary relief, the plaintiff husband appeals so an order of the Supreme Court, Suffolk County (Whelan, J.), dated November 22, 2002, as denied his motion for pendente lite relief.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The appropriate remedy for any perceived inequity in a pendente lite award is a prompt trial (see Rizk v Rizk, 254 AD2d 403, 404 [1998]; Byrne v Byrne, 240 AD2d 689 [1997]; Shipman v Shipman, 237 AD2d 426 [1997]). The defendant wife established that she has only meager income and assets. She…

2Cases cited3 opinions

  1. Shipman v. ShipmanAppellate Division of the Supreme Court of the State of New York · 1997
  2. Byrne v. ByrneAppellate Division of the Supreme Court of the State of New York · 1997
  3. Rizk v. RizkAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
  2. Acito v. AcitoAppellate Division of the Supreme Court of the State of New York · 2005
  3. Corso v. HalamaAppellate Division of the Supreme Court of the State of New York · 2005

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