TOZAKI v. TOZAKI


170 A.D.2d 338 (1991)

Kenji Tozaki, Appellant, v. Aili W. Tozaki, Respondent

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

February 21, 1991


Plaintiff's argument that the Supreme Court had no jurisdiction to issue interim support orders in this divorce action is without merit. When the Supreme Court orders were entered, the Family Court had already dismissed the defendant's petition in deference to the later action for divorce filed in the Supreme Court. Since there was no action pending in the Family Court when the Supreme Court issued its orders, the Supreme Court clearly had jurisdiction (see, Montes...

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