HEARST v. HEARST


29 A.D.3d 395 (2006)

813 N.Y.S.2d 906

BARBARA W. HEARST, Appellant, v. JOHN RANDOLPH HEARST, JR. Respondent.

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

May 16, 2006.


Contrary to the wife's contention, upward modification of the court's award is not warranted since the amount awarded was not well below that which would be required to permit her to maintain her prior luxurious lifestyle. This conclusion is not altered by the circumstance that, prior to the action's commencement, defendant may have voluntarily paid plaintiff a greater amount (cf. Berkowitz v Berkowitz, 176 A.D.2d 775 [1991]). The...

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