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Nimkoff v. Nimkoff

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 21, 2010

NANCY WALDBAUM NIMKOFF, PLAINTIFF-RESPONDENT,
v.
RONALD A. NIMKOFF, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Laura E. Drager, J.), entered September 14, 2009, which, in this matrimonial action, inter alia, denied defendant-husband's application for counsel fees to retain an attorney for the economic trial of this matter and to oppose plaintiff's appeal and also reserved for trial his request for downward modification of his child support obligations, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Catterson, Abdus-Salaam, JJ.

350768/02

The motion court providently exercised its discretion in denying defendant's motion for prospective counsel fees and expenses in the absence of a showing of financial hardship and the estimated value and extent of the legal services contemplated (see Block v Block, 296 AD2d 343, 344 [2002]). Moreover, it is well-settled that in the absence of a substantial and unanticipated change in circumstances, not here demonstrated, the proper remedy for any perceived inequity in a pendente lite award is a speedy trial (see Ayoub v Ayoub, 63 AD3d 493, 496-497 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100121

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