Opinion
March 11, 1971
Order, Supreme Court, New York County, entered on December 22, 1970, granting plaintiff's motion for temporary alimony and a counsel fee and which denied defendant's cross-application to dismiss the complaint herein, unanimously modified, on the law and on the facts, by reducing temporary alimony to $75 per week and the counsel fee to $750, and otherwise affirmed, without costs and without disbursements. In view of the husband's earnings, as reflected in the present record, the higher awards are not warranted. The best protection to both parties against unfairness in fixing temporary awards, on the basis of affidavits, is a speedy trial. ( Bleiman v. Bleiman, 272 App. Div. 760.)
Concur — Capozzoli, J.P., McGivern, Markewich, Nunez and Kupferman, JJ.