Novick v Novick, 2019 NY Slip Op 03976 [172 AD3d 1216]

May 22, 2019

Appellate Division, Second Department

[*1]

Steven Novick, Respondent,

v

Adrienne Novick, Appellant.

Jody Pugach, P.C., Garden City, NY, for appellant.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Jeffrey A. Goodstein, J.), dated June 15, 2017. The order, insofar as appealed from, denied that branch of the defendant’s motion which was to direct the plaintiff to pay her credit card bills during the pendency of the action.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff’s alleged promise to pay the defendant’s credit card bills during the pendency of the action was unsupported by any consideration and legally unenforceable ( see Presbyterian Church of Albany v Cooper , 112 NY 517, 520-521 [1889]; Seidenfeld v Zaltz , 162 AD3d 929 , 933 [2018]; Loft Rest. Assoc. v McDonagh , 209 AD2d 482, 483 [1994]). Accordingly, we agree with the Supreme Court’s denial of that branch of the defendant’s motion which was to direct the plaintiff to pay her credit card bills during the pendency of the action. Rivera, J.P., Cohen, Maltese and Brathwaite Nelson, JJ., concur..