Legal Opinion
Newkirk v. Newkirk
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1993PublishedCited by 6 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Kahn, J.), entered October 13, 1992 in Albany County, which, inter alia, partially granted defendant’s motion for certain pendente lite relief.
This Court has consistently followed the general rule that modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as a party’s inability to meet his or her financial obligations or as otherwise required by justice (e.g., Suydam v Suydam, 167 AD2d 752, 753). Plaintiff does not contend that he is unable to meet his financial obligations…
2Cases cited4 opinions
- Quilty v. QuiltyAppellate Division of the Supreme Court of the State of New York · 1991
- Suydam v. SuydamAppellate Division of the Supreme Court of the State of New York · 1990
- Marr v. MarrAppellate Division of the Supreme Court of the State of New York · 1992
- Wachob v. WachobAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- Colley v. ColleyAppellate Division of the Supreme Court of the State of New York · 1994
- Kessinger v. KessingerAppellate Division of the Supreme Court of the State of New York · 1994
- Dane v. DaneAppellate Division of the Supreme Court of the State of New York · 1999
- Quarty v. QuartyAppellate Division of the Supreme Court of the State of New York · 2010
- Twaite v. TwaiteAppellate Division of the Supreme Court of the State of New York · 1997
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