BORITZER v. BORITZER


137 A.D.2d 477 (1988)

Rafael Boritzer, Appellant, v. Gail Boritzer, Respondent

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

February 1, 1988


Ordered that the order, as amended, is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a hearing and new determination in accordance herewith.

We agree with the plaintiff's contention that since he asserted as a defense that he was financially unable to comply with the pendente lite orders, he was entitled to a hearing (see, Domestic Relations Law §...

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