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LEIBOWITS v. LEIBOWITS

93 A.D.2d 535 (1983)

Bonnie Leibowits, Respondent, v. Peter Leibowits, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 1983

Attorney(s) appearing for the Case

Marshall, Bratter, Greene, Allison & Tucker (Eleanor B. Alter, Susan L. Lesinski and Howard P. Roy of counsel), for appellant.

Finkelstein & Robins (Miriam M. Robinson and Philip Sherwood Greenhaus of counsel), for respondent.

LAZER, J. P., MANGANO, O'CONNOR and BROWN, JJ., concur; O'CONNOR, J., concurs further, with an opinion.

Per Curiam.

Section 234 of the Domestic Relations Law provides the authority for the issuance of an order restraining disposition of marital assets during the pendency of a divorce action. Therefore, compliance with the formalities and jurisprudential requirements of CPLR article 63 relative to preliminary injunctions is not a prerequisite to an order of restraint.

During the current action, the defendant...

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