Opinion
September 13, 1990
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
The parties were married in 1958, lived together until 1986, and have three adult children. Plaintiff, working as a self-employed floor sander, and defendant, working as a dental assistant, accumulated substantial equity in real estate, consisting of their marital residence and a 66-unit multiple dwelling in the Bronx. Plaintiff, who secured exclusive control over virtually all the marital property, now resides alone in the marital residence, and is the sole shareholder in the corporation owning and operating the Bronx property. The Bronx property has a monthly rent roll in excess of $26,000, and a refinancing in late 1988 produced at least $300,000 in cash proceeds. On the other hand, defendant's income is modest and her savings insubstantial. Under these circumstances, there was no abuse of discretion in the court's award of interim maintenance, counsel fees, and accountants' and appraisal fees. The restraints imposed by the order were, in large part, stipulated to by plaintiff, and in any event, were necessary to preserve the marital estate. (Chosed v Chosed, 116 A.D.2d 690.)
Concur — Ross, J.P., Kassal, Ellerin and Wallach, JJ.