BURROUGHS v. BURROUGHS (1999)

Supreme Court erred in denying without a hearing plaintiff's application pursuant to Domestic Relations Law § 244 for an order directing the entry of judgment for maintenance arrears.  “A motion under Domestic Relations Law § 244 is akin to a motion for summary judgment and should not be resolved without a hearing if the motion papers raise material issues of fact (Pecukonis v. Pecukonis, 49 A.D.2d 985, 374 N.Y.S.2d 382;  see, Switzer v. Switzer, 114 A.D.2d 499, 494 N.Y.S.2d 412)” (Curtis v. Curtis, 132 A.D.2d 850, 853, 518 N.Y.S.2d 202).   The parties' submissions raise factual issues with respect to the amount of arrears allegedly due.   Thus, we remit the matter to Supreme Court to conduct a hearing to resolve those issues (see, Rogers v. Rogers, 151 A.D.2d 738, 543 N.Y.S.2d 129;  Curtis v. Curtis, supra, at 853, 518 N.Y.S.2d 202).

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings.

MEMORANDUM: