Menashi v. Menashi

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: O'BRIEN
• Citation: Menashi v. Menashi, 721 N.Y.S.2d 838 (N.Y. App. Div. 2001)
• Decision Date: 09 February 2001
• Parties: (A.D. 2 Dept. 2001) Michael Menashi, appellant, v. Pamela G. Menashi, respondent. 1999-11365 2000-04121 Submitted -

Page 838

721 N.Y.S.2d 838 (A.D. 2 Dept. 2001)

Michael Menashi, appellant, v. Pamela G. Menashi, respondent.

1999-11365

2000-04121

SUPREME COURT, APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT

Submitted - February 9, 2001

March 19, 2001

Hyman & Gilbert, Larchmont, N.Y. (Michael D. Weinstein of counsel), for appellant.

Luis Andrew Penichet, White Plains, N.Y., for respondent.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of (1) an order of the Supreme Court, Westchester County (Shapiro, J.), entered November 9, 1999, as awarded the defendant pendente lite child support and tax-free maintenance in the amounts of $2,267 and $3,000 per month, respectively, directed him to pay the unreimbursed medical expenses of the defendant and the parties' son, and awarded the defendant an interim attorney's fee and an expert fee in the sums of $10,000 and $5,000, respectively, and (2) an order of the same court, dated April 6, 2000, as denied that branch of his motion which was for leave to renew.

ORDERED that the orders are affirmed insofar as appealed from, with one bill of costs.

The proper remedy for any perceived inequities in a pendente lite award is a speedy trial (see, Tillinger v Tillinger, 141 A.D.2d 535, 536; see also, Frankenbach v Frankenbach, 244 A.D.2d 524; Walker v Walker, 193 A.D.2d 730). An appellate court will rarely modify such an award, "and then only under exigent...