Summary
In Gross an appeal was filed in a matrimonial action by plaintiff-wife from various parts of an order entered by the Supreme Court including an order that vacated a notice of pendency filed by the wife.
Summary of this case from Di Iorio v. Di IorioOpinion
November 25, 1985
Appeal from the Supreme Court, Queens County (Miller, J.).
Orders affirmed, without costs or disbursements.
In light of the parties' respective financial conditions and the immediate financial needs of plaintiff, the maintenance award was adequate (see, Cicio v Cicio, 109 A.D.2d 813). Furthermore, the proper remedy for inequities in an order of support pendente lite is a speedy trial (Cicio v Cicio, supra; see, Chachkes v Chachkes, 107 A.D.2d 786).
Special Term did not abuse its discretion by declining to direct defendant to sign various consents with regard to bank accounts, etc. (see, Minnick v Minnick, 109 A.D.2d 871, 872). The purpose of the broad discovery devices allowable under Domestic Relations Law § 236 (B) (4) is, inter alia, to "uncover hidden assets of the marriage, and generally gather any information bearing on the issue of equitable distribution" (Lobatto v Lobatto, 109 A.D.2d 697, 699). Plaintiff, not having availed herself of such discovery devices, cannot now complain that more compelling measures are necessary, especially in view of the "full panoply of sanctions provided for in CPLR 3126 if she believes the circumstances warrant a further request for relief as discovery proceeds" (Minnick v Minnick, supra, at p 872).
The notice of pendency filed against defendant's residence was properly vacated. The filing of a notice of pendency is an extraordinary privilege available only if the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property (Chambi v Navarro, Vives Cia, 95 A.D.2d 667; Doar v Kozick, 87 A.D.2d 603; CPLR 6501; see, 5303 Realty Corp. v O Y Equity Corp., 64 N.Y.2d 313). The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to such a privilege. Plaintiff's remedy to prevent any alleged fraudulent transfers was to seek an injunction against any further transfers of the disputed property (see, Chachkes v Chachkes, 107 A.D.2d 786, 787, supra; Domestic Relations Law § 234). In fact, such an injunction was granted.
We have examined plaintiff's remaining contentions and find them to be without merit. O'Connor, J.P., Niehoff, Lawrence and Kooper, JJ., concur.