Beige v. Beige, 220 A.D.2d 636 (N.Y. App. Div. 1995). · Go Syfert
Beige v. Beige, 220 A.D.2d 636 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
31 citation events (8 in the last 25 years) across 1 distinct court.
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Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Buddle v. Buddle
N.Y. App. Div. · 2008 · confidence medium
Plaintiff’s remaining contentions have been considered and found to be without merit inasmuch as she failed to establish good cause for the issuance of a temporary order of protection (see Domestic Relations Law § 252 [4]; Fakiris v Fakiris, 177 AD2d 540, 544 [1991]; compare Peters v Peters, 100 AD2d 900, 901 [1984]) and has not demonstrated that exigent circumstances warrant the increase of the amount of the temporary maintenance awarded (see Merlis v Merlis, 253 AD2d 799, 799-800 [1998]; Beige v Beige, 220 AD2d 636, 636 [1995]).
discussed Cited as authority (rule) Stubbs v. Stubbs
N.Y. App. Div. · 2007 · confidence medium
Rather, the shareholder’s agreement is only one factor which should be considered in evaluating the value of the stock (see Amodio v Amodio, supra; Wittig v Wittig, 258 AD2d 883 [1999]; Beige v Beige, 220 AD2d 636, 637 [1995]).
discussed Cited as authority (rule) Seckler-Roode v. Roode
N.Y. App. Div. · 2007 · confidence medium
Modifications of pendente lite awards should rarely be made, and then “ ‘only under exigent circumstances such as where a party is unable to meet his or her financial obligations or justice otherwise requires’ ” (Einhart v Einhart, 278 AD2d 360, 361 [2000], quoting Beige v Beige, 220 AD2d 636, 636 [1995]).
discussed Cited as authority (rule) Levakis v. Levakis
N.Y. App. Div. · 2004 · confidence medium
Moreover, in light of the disparate earnings of the parties, the Supreme Court properly directed the defendant to pay the plaintiff interim counsel and accountant’s fees (see Domestic Relations Law § 237; DeVerna v DeVerna, supra; Palumbo v Palumbo, 292 AD2d 358, 361 [2002]; French v French, 288 AD2d 256 [2001]; Anonymous v Anonymous, 257 AD2d 458, 459 [1999]; Beige v Beige, 220 AD2d 636, 637 [1995]).
Retrieving the full opinion text from the archive…
Ellen Beige
v.
Joel Beige
Appellate Division of the Supreme Court of the State of New York.
Oct 23, 1995.
220 A.D.2d 636
Cited by 28 opinions  |  Published

—In an action for divorce and ancillary relief, the defendant appeals (1) from stated portions of an order of the Supreme Court, Nassau County (Kutner, J.), entered July 6, 1993, which, inter alia, granted the branch of the plaintiffs omnibus motion for pendente lite relief which was for an award of interim accountant’s fees to the extent of awarding $2,500, (2) as limited by his brief, from stated portions of an order of the same court, dated April 8, 1994, which, inter alia, granted the plaintiffs motion for leave to enter a judgment for arrears in child support and maintenance and denied his cross motion for a downward modification; (3) from an order of the same court, dated July 1, 1994, which granted the plaintiff’s motion for leave to enter a money judgment in the sum of $5,346.01, (4) from a judgment of the same court, dated July 20, 1994, entered upon the order dated July 1, 1994, (5) from a judgment of the same court, dated July 20, 1994 entered upon the order dated April 8, 1994, (6) from stated portions of an order of the same court, dated July 28, 1994, which, inter alia, granted the plaintiffs motion for leave to enter a money judgment in the sum of $14,596.09, and (7) from a judgment of the same court, dated August 3, 1994, entered upon the order dated July 28, 1994.

Ordered that the appeals from the orders dated April 8,1994, July 1, 1994, and July 28, 1994, respectively, are dismissed; and it is further,

Ordered that the order entered July 6, 1993, and the judgments are affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The appeals from the intermediate orders dated April 8, 1994, July 1, 1994, and July 28, 1994, respectively, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgments thereon (cf, Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeals from the judgments (see, CPLR 5501 [a] [1]).

Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances such as where a party is unable to meet his or her financial obligations or justice otherwise requires (see, Bagner v Bagner, 207 AD2d 367). The general rule continues to be that[*637] the proper remedy for any perceived inequity in a pendente lite award is a speedy trial (see, Gianni v Gianni, 172 AD2d 487). As this Court has repeatedly noted, pendente lite awards should be an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse (see, Polito v Polito, 168 AD2d 440; Shapiro v Shapiro, 163 AD2d 294), and they are to be determined with due regard for the preseparation standard of living (see, Salerno v Salerno, 142 AD2d 670). Based on these considerations, we conclude that the pendente lite award of the Supreme Court is proper under the circumstances of this case and should not be disturbed on appeal.

In addition, the Supreme Court properly awarded appraiser’s fees to the plaintiff even though the defendant’s corporation had a shareholder’s agreement with a provision for valuating shares. The Court of Appeals has held that a shareholder’s agreement that fixes the price of stock in a closely held corporation is not conclusive evidence of the value of the stock (see, Amodio v Amodio, 70 NY2d 5). Rather, the shareholder’s agreement is only one factor which should be considered in evaluating the value of the stock (see, Amodio v Amodio, supra).

The Supreme Court properly awarded the plaintiff leave to enter money judgments for arrears in child support and maintenance as the defendant defaulted on his pendente lite support payments without good cause (see, Domestic Relations Law § 244).

There was no material adverse change in the defendant’s financial circumstances to support a downward modification (see, Domestic Relations Law § 236 [B] [9] [b]). Bracken, J. P., Rosenblatt, Santucci and Joy, JJ., concur.