DANIELS v. DANIELS (1997)

Judgment, Supreme Court, New York County (Lewis Friedman, J.), entered May 3, 1994, which, inter alia, granted plaintiff a divorce on the ground of cruel and inhuman treatment, awarded defendant maintenance of $10,000 a month for 20 months retroactive to September 16, 1992, the date defendant made her first motion for pendente lite relief, for a total of $200,000, awarded plaintiff a credit against his maintenance obligation of $231,563 for voluntary support payments made to defendant and to third parties for defendant's benefit during the litigation, and directed plaintiff to pay a portion of defendant's attorneys' fees, unanimously affirmed, without costs.

 The trial court's award of durational maintenance was a proper exercise of discretion in view of the short, 10-month duration of the marriage (Domestic Relations Law § 236[B][6][a][2] ), and the fact that defendant, who retired from her career in real estate in about October 1990, which was approximately 2 months prior to the marriage, is employable (Domestic Relations Law § 236[B][6][a][3],[4];  cf., Pejo v. Pejo, 213 A.D.2d 918, 624 N.Y.S.2d 290, lv. denied 85 N.Y.2d 811, 631 N.Y.S.2d 287, 655 N.E.2d 400;  Guttman v. Guttman, 159 A.D.2d 431, 554 N.Y.S.2d 986, lv. denied 76 N.Y.2d 703, 559 N.Y.S.2d 982, 559 N.E.2d 676).   There is no support in the record for defendant's claims that she gave up her career at plaintiff's insistence, or that there was an oral prenuptial agreement, which would be unenforceable in any event (Domestic Relations Law § 236[B][3];  General Obligations Law § 5-701[a][3] ).   The record also supports the finding of voluntary support payments made by plaintiff to defendant after the date of defendant's first motion for support in 1992, for which plaintiff was properly given a credit (see, Kaplan v. Kaplan, 192 A.D.2d 343, 344, 595 N.Y.S.2d 770), as well as the denial of defendant's request for additional counsel fees (see, DeBernardo v. DeBernardo, 180 A.D.2d 500, 502, 580 N.Y.S.2d 27).  Denial of defendant's motion to serve a 67-page amended answer made 16 months after joinder of issue was a proper exercise of discretion where there had already been considerable delay largely attributable to defendant and significant prejudice to plaintiff would have resulted (see, Felix v. Lettre, 204 A.D.2d 679, 612 N.Y.S.2d 435).   We have considered defendant's other claims and find them to be without merit.

The Decision and Order of this Court entered herein on June 5, 1997 is hereby recalled and vacated.   See M-4353 and M-4555 decided simultaneously herewith.

MEMORANDUM DECISION.