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11 New York opinions name it 2 courts 1978–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Konecky v. Kronfeldgreen2 sentences2025The task of imputing income can be difficult because it "is often the case, the temporary award is based on conflicting affidavits, offering differing versions of the parties' finances and the standard of living they enjoyed during the marriage" ( Konecky v Kronfeld, 2 AD3d 371, 371 [1 Deptl,2003]). 2008Temporary awards are often “based on conflicting affidavits, offering differing versions of the parties’ finances and the standard of living they enjoyed during the marriage” (Konecky v Kronfeld, 2 AD3d 371, 371 [2003]). | 2 | 2 |
People v. Russellgreen2 sentences1978As we have previously stated many times, a temporary award is based on conflicting affidavits and "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained.” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see, also, Klein v Klein, 55 AD2d 885 ; Gross v Gross, 44 AD2d 806 .) Concur— Kupferman, J. 1978As we have previously stated many times, a temporary award is based on conflicting affidavits and "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained.” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see, also, Klein v Klein, 55 AD2d 885 ; Gross v Gross, 44 AD2d 806 ; Moss v Moss, 63 AD2d 896 .) One other comment is required. | 2 | 2 |
Capasso v. Capassogreen1 sentence1985We are mindful that, generally, any inequity in terms of a temporary maintenance award "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see also, Capasso v Capasso, supra; Macken v Macken, 63 AD2d 874 ; Gross v Gross, 44 AD2d 806 ). | 1 | 1 |
Shiffman v. Shiffmangreen1 sentence1978The remedy is "a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained.” (Macken v Macken, 63 AD2d 874 ; see, also, Brokaw v Brokaw, 57 AD2d 519 .) Concur—Kupferman, J. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Herlihy v. Westchester Street Transit Co.
neutral
2 sentences1991Even if the anticipated need did not materialize, we would be inclined to follow the previously stated principle "that any seeming inequity in a temporary award of alimony, based upon conflicting affidavits, is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained.” (Rappeport v Rappeport, 46 AD2d 756, 757 ; Isham v Isham, - 123 AD2d 742, 743 .) This is all the more true where defendant has failed to forthrightly disclose his financial capabilities. 1985We are mindful that, generally, any inequity in terms of a temporary maintenance award "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see also, Capasso v Capasso, supra; Macken v Macken, 63 AD2d 874 ; Gross v Gross, 44 AD2d 806 ). | 5 | 1978–1991 |
Litke v. Travelers Insurance
green
2 sentences1985We are mindful that, generally, any inequity in terms of a temporary maintenance award "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see also, Capasso v Capasso, supra; Macken v Macken, 63 AD2d 874 ; Gross v Gross, 44 AD2d 806 ). 1984We are also mindful of the often-repeated admonition that “any seeming inequity in a temporary order for alimony, based on conflicting affidavits, is to be remedied by a speedy trial, where the true facts as to the finances and standard of living of the parties can be ascertained.” {Gross v Gross, 44 AD2d 806 ; Macken v Macken, 63 AD2d 874 .) The pertinence here of this latter principle is significantly diminished by clear indications in the record that a speedy trial is being delayed by the husband’s reluctance to provide relevant financial data through discovery. 11 We find that Special Term | 5 | 1978–1985 |
Macken v. Macken
neutral
2 sentences1985We are mindful that, generally, any inequity in terms of a temporary maintenance award "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see also, Capasso v Capasso, supra; Macken v Macken, 63 AD2d 874 ; Gross v Gross, 44 AD2d 806 ). 1984We are also mindful of the often-repeated admonition that “any seeming inequity in a temporary order for alimony, based on conflicting affidavits, is to be remedied by a speedy trial, where the true facts as to the finances and standard of living of the parties can be ascertained.” {Gross v Gross, 44 AD2d 806 ; Macken v Macken, 63 AD2d 874 .) The pertinence here of this latter principle is significantly diminished by clear indications in the record that a speedy trial is being delayed by the husband’s reluctance to provide relevant financial data through discovery. 11 We find that Special Term | 3 | 1978–1985 |
Stewart v. Stewart
green
1 sentence1991However, the provision in the court’s order directing the pendente lite sale of the parties’ two homes in New Jersey must be deleted since it contravenes the rule that courts do not have authority to direct the pendente lite sale of property owned by parties as tenants by the entirety absent a judgment of divorce, separation, or annulment (Kahn v Kahn, 43 NY2d 203 ; Stewart v Stewart, 118 AD2d 455 ). | 1 | 1991–1991 |
Isham v. Isham
green
1 sentence1991Even if the anticipated need did not materialize, we would be inclined to follow the previously stated principle "that any seeming inequity in a temporary award of alimony, based upon conflicting affidavits, is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained.” (Rappeport v Rappeport, 46 AD2d 756, 757 ; Isham v Isham, - 123 AD2d 742, 743 .) This is all the more true where defendant has failed to forthrightly disclose his financial capabilities. | 1 | 1991–1991 |
Sayer v. Sayer
green
1 sentence1991Any inequity should be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained (Sayer v Sayer, 130 AD2d 407 ). | 1 | 1991–1991 |
Kahn v. Kahn
green
1 sentence1991However, the provision in the court’s order directing the pendente lite sale of the parties’ two homes in New Jersey must be deleted since it contravenes the rule that courts do not have authority to direct the pendente lite sale of property owned by parties as tenants by the entirety absent a judgment of divorce, separation, or annulment (Kahn v Kahn, 43 NY2d 203 ; Stewart v Stewart, 118 AD2d 455 ). | 1 | 1991–1991 |
Baranyk v. Baranyk
green
1 sentence1982Since motions for temporary alimony are determined on the basis of conflicting affidavits, the most efficacious remedy for claimed inequities is a prompt trial of the divorce action where the true facts as to the parties’ finances and standard of living can be ascertained (Baranyk v Baranyk, 73 AD2d 1004 ; Gross v Gross, 44 AD2d 806 ). | 1 | 1982–1982 |
Huttner v. Pyramid Communications, Inc.
neutral
1 sentence1978As we have previously stated many times, a temporary award is based on conflicting affidavits and "is to be remedied by a speedy trial, where the true facts concerning the finances and standard of living of the parties can more accurately be ascertained.” (Rappeport v Rappeport, 46 AD2d 756, 757 ; see, also, Klein v Klein, 55 AD2d 885 ; Gross v Gross, 44 AD2d 806 ; Moss v Moss, 63 AD2d 896 .) One other comment is required. | 1 | 1978–1978 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.