JODI KASHMAN, res-ap, v. THOMAS KASHMAN, APPELLANT-res — (INDEX NO. 201250/14)Appeal and cross appeal from an order of the Supreme Court, Nassau County (Hope Schwartz Zimmerman, J.), dated March 17, 2015. The order, insofar as appealed from, denied the defendant’s cross motion for summary judgment determining that the plaintiff waived the right to maintenance, equitable distribution, and attorney’s fees, and for an award of an attorney’s fee. The order, insofar as cross-appealed from, denied that branch of the plaintiff’s motion which was for leave to renew, and, upon granting that branch of the plaintiff’s motion which was for leave to reargue, adhered to so much of the determination in an order of the same court dated October 2, 2014, as denied that branch of the plaintiff’s motion which was for an award of pendente lite maintenance and granted that branch of the plaintiff’s motion which was for an award of pendente lite child support only to the extent of awarding her the sum of $3,000 per month.
ORDERED that the order dated March 17, 2015, is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof denying that branch of the defendant’s cross motion which was for summary judgment determining that the plaintiff waived the right to maintenance, equitable distribution, and attorney’s fees, and substituting therefor a provision granting that branch of the defendant’s cross motion, and (2) by deleting the provision thereof, upon reargument, adhering to so much of the determination in the order dated October 2, 2014, as denied that branch of the plaintiff’s motion which was for an award of pendente lite maintenance and granted that branch of her motion which was for an award of pendente lite child support only to the extent of awarding her the sum of $3,000 per month, and substituting therefor a provision, upon reargument, vacating that portion of the order dated October 2, 2014; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new determination of those branches of the plaintiff’s motion which were for an award of pendente lite maintenance and pendente lite child support in accordance herewith; and it is further,
