(Download) "Dennis Binet v. Natalie Binet" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Dennis Binet v. Natalie Binet
- Author : Supreme Court of New York
- Release Date : January 13, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
[53 A.D.2d 836 Page 836] This is an action by the husband for divorce in which the wife has counterclaimed for divorce and separation. Although the husband did not promptly comply with the demand for bill of particulars and failed to appear for examination before trial, it appears that both the defaults have been cured and the Special Term Justice properly exercised his discretion not to grant the extreme sanction of preclusion or dismissal as defendant wife requested. With respect to the application for temporary alimony and counsel fees, the record is unfortunately voluminous and unsatisfactory. The amounts requested by the wife for alimony and counsel fees appear to be exorbitant and unrealistic. The husband's responses, both in affidavit and bill of particulars, are argumentative, frequently conclusory or uninformative. It is usually unnecessary and undesirable, on a motion for temporary alimony and counsel fees, for the parties to go into the charges they make against each other. But the situation is different where the parties are living under one roof, and one of the parties is asking for exclusive possession of the residence because the conduct of the other creates danger of violence from the living in the same apartment; in such circumstances the parties must [53 A.D.2d 836 Page 837]